THE  RAPID  TRANSIT  ACT. 

1891. 


Avery  Architectural  and  Fine  Arts  Library 
Gift  of  Seymour  B.  Durst  Old  York  Library 


The  Rapid  Transit  Act. 
1891. 


CHAP.  4. 

AN  ACT  to  provide  for  rapid  transit  railways  in  cities  of 
over  one  million  inhabitants. 

Approved  by  the  Governor  January  31,  1891,    Passed,  three-fifths  being  present. 

Tlie  People  of  the  State  of  New  York,  represented  in 
Senate  and  Assembly,  do  enact  as  folloivs  : 

^/  Section  1.  In  cities  having  over  one  million  of  inhabi- 
y  tants,  according  to  the  last  preceeding  national  or  state  cen- 
'  sus,  where  rapid  transit  commissioners  shall  have  been  ap- 
pointed since  the  first  day  of  December,  eighteen  hundred 
and  ninety  under  the  provisions  of  chapter  six  hundred  and 
six  of  the  laws  of  eighteen  hundred  and  seventy-five,  and 
the  amendments  thereto,  by  the  mayor  of  any  such  city, 
said  commissioners  shall  become  commissioners  of  rapid 
transit  under  the  provisions  of  this  act.  If  no  such  com- 
missioners have  been  appointed  since  the  first  day  of 
December,  eighteen  hundred  and  ninety,  and  the  date  of 
the  passage  of  this  act  in  any  city  in  this  state  containing  a 
population  of  over  one  million  inhabitants,  according  to  the 
last  preceeding  national  or  state  census,  then  the  mayor  of 
such  city  may  at  any  time  after  the  passage  of  thib  act, 
appoint  five  persons  who  shall  be  residents  of  such  city, 
who  shall  be  commissioners  of  rapid  transit  under  the  pro- 
visions of  this  act.  The  commissioners  thus  appointed  are 
hereby  constituted  a  board  of  rapid  transit  railroad  com- 
missioners, in  and  for  the  city  in  which  they  are  appointed. 
They  shall  have  and  exercise  the  specific  authority  and 


powers  hereinafter  conferred,  and  also  such  other  and 
necessary  })o\vers  as  may  be  requisite  to  the  efficient  per- 
formance of  the  duties  imposed  upon  the  said  board  by  this 
act.  If  a  vacancy  shall  at  any  time  occur  in  any  such 
board  of  rapid  transit  railroad  commissioners,  such 
vacancy  shall  be  filled  by  the  mayor  of  the  city  in  wliich 
said  board  exists,  by  the  appointment  of  a  citizen  of  said 
city,  who  shall  belong  to  the  same  political  party  as  did  the 
commissioner  whom  such  appointee  succeeds. 

§  2.  Within  twenty  days  after  the  passage  of  this  act, 
in  the  case  of  commissioners  who  become  such  by  its  terms, 
and  within  twenty  days  after  their  appointment  in  tlie  case 
of  commissioners  appointed  under  its  provisions,  each  of 
the  said .  commissioners  shall  take  and  subscribe  an  oath 
faithfully  to  perform  the  duties  of  his  office,  which  oath 
shall  be  filed  in  the  office  of  the  clerk  of  the  county  within 
which  said  l)oard  is  appointed. 

^  3.  Within  thirty  days  after  the  passage  of  this  act, 
in  the  case  of  commissioners^  who  become  such  by  its  terms, 
and  within  twenty  days  after  their  appointment,  in  the 
case  of  commissioners  appointed  under  its  provisions,  the 
said  commissioners  shall  meet  and  organize  as  a  board. 
The  board  when  so  organized,  may  frame  and  adopt  by- 
laws not  inconsistent  with  this  act,  and  establish  suitable 
rules  and  regulations  for  the  proper  exercise  of  the  powers 
an<l  duties  hereby  conferred  and  imposed,  and  may  from 
time  to  time  amend  tlie  same.  Four  members  of  the  board 
shall  constitute  a  quorum  for  the  transaction  of  business, 
but  a  less  number  may. adjourn  meetings.  The  said  board 
shall  adopt  a  seal  and  keep  a  record  of  its  i)roceedings, 
which  shall  be  a  public  record  and  be  open  to  insi)ection  at 
all  reasonable  times. 

^  4.  The  said  board  upon  its  own  motion  may  i)roceed, 
from  time  to  time,  to  consider  and  determine  whether  it  is 
for  the  interest  of  the  public  and  of  tlie  city  in  which  it  is 
appointed,  that  a  rapid  transit  railway  or  railways  for  the 
conveyance  and  transportation  of  ])ersons  and  property 
should  be  estabhslied  tlieiein,  and  upon  the  recpiest  in 
writing  of  tlie  local  authoritic^s  of  any  such  city  at  any 
time,  the  said  board  sliall  i)ro(V(Ml  fortliwitli  to  consider  and 
determine  the  same  (questions,  and  in  .each  case  the  said 


3 


board  shall  conduct  such  an  inquest  and  investigation  as 
may  be  deemed  necessary  in  tlie  premises.  If,  after 
such  consideration  and  inquest,  the  said  board  shall  deter- 
mine that  a  rapid  transit  railway  or  railways,  in  addition 
to  any  already  existing,  are  necessary  for  tlie  interest  of 
the  public  and  such  city,  it  shall  proceed  to  determine  and 
establish  the  route  or  routes  thereof  and  the  general  plan  of 
construction.  Such  general  plan  shall  show  the  general 
mode  of  operation  and  contain  such  details  as  to  manner  of 
construction  as  may  be  necessary  to  show  the  extent  to 
which  any  street,  avenue  or  other  public  place  is  to  be  en- 
croached uj^on  and  the  property  abutting  thereon  affected, 
and  the  concurrent  votes  of  at  least  four  members  of  the 
board  shall  be  necessary  for  the  purpose  of  determining 
and  establishing  such  route  or  routes  and  plan  of  construc- 
tion. The  said  board,  from  time  to  time,  may  locate  the 
route  or  routes  of  such  railway  or  railways  over,  under, 
up()n,  through  and  across  any  streets,  avenues  and  lands 
within  such  city,  including  blocks  between  streets  or 
avenues  or,  partly  over,  under,  upon,  through  and  across 
any  streets,  avenues  and  lands  within  such  city  and 
partly  through  blocks  between  streets  or  avenues ; 
provided  that  the  consent  of  the  owners  of  one-half 
in  value  of  the  proi)erty  bounded  on  and  the  consent 
also  of  the  local  authorities  having  control  of  that  portion 
of  a  street  or  highway  upon  which  it  is  proposed  to  con- 
struct or  operate  such  railway  or  railways  be  first  obtained, 
or  in  case  the  consent  of  such  jjroperty  owners  can  not  be 
obtained,  that  the  determination  of  three  commissioners 
appointed  by  the  general  term  of  the  supreme  court  in  the 
district  of  the  proposed  construction,  given  after  due  hear- 
ing of  all  parties  interested,  and  confirmed  by  the  court, 
that  such  railway  or  railways  ought  to  be  constructed  or 
0})erated,  be  taken  in'  lieu  of  the  consent  of  such  property 
owners  ;  except  that  no  public  park  nor  any  lands  or  places, 
lawfully  set  apart  tor,  or  occupied  by,  any  public  building 
of  any  city  or  county,  or  of  the  state  of  New  York,  or  of 
the  United  States,  nor  those  portions  of  Grand,  C^lasson, 
Franklin  avenues  and  Downing  street  in  the  city  of 
Brooklyn,  lying  between  the  southei'ly  line  of  Lexington 
av(Min('  ;md  ni )i-t1iei'ly  lin(^  of  Atlantic  avenue,  nor  that 


l)oi'tion  of  Classon  avenue  in  said  city  lying  between  the 
noitlieily  line  of  Lexington  avenue  and  southerly  line  of 
Paik  avenue,  nor  that  portion  of  Washington  avenue  in 
said  city  lying  between  Park  and  Atlantic  avenues,  nor 
DeBevoise  place,  Irving  place  and  Leffert's  place,  Lee 
avenue;  Nostrand  avenue,  Waverly  avenue,  Vanderbilt 
avenue  and  Clinton  avenue  in  said  city  of  Brooklyn,  nor 
that  portion  of  the  city  of  Buffalo  lying  between  Michigan 
and  Main  streets,  nor  any  part  of  Fifth  avenue  in  the  city 
of  New  York,  nor  that  portion  of  any  street  or  avenue 
which  is  now  actually  occupied  by  any  elevated  railroad 
structure,  shall  be  occupied  by  any  corporation  to  be  organ- 
ized under  the  provisions  of  this  act  for  the  pur])ose  of 
constructing  a  railway  in  or  upon  any  of  such  public  parks, 
lands  or  places,  or  upon  or  along  either  of  the  said  excepted 
streets  or  avenues.  It  shall  be  law^ful  for  said  commiss- 
ioners to  locate  the  route  of  a  railway  or  railways,  by 
tunnel  under  any  such  public  parks,  lands  or  places  and  to 
locate  the  route  of  any  railway  to  be  built,  under  this  act, 
across  any  of  the  streets  and  avenues  now  occupied  by  an 
elevated  railroad  structure  in  the  city  of  New  York  or 
across  any  of  the  streets  or  avenues  excepted  in  this  act  at 
any  point  at  which,  in  its  discretion,  the  board  of  rapid 
transit  railroad  commissioners  may  deem  necessary  in  the 
location  of  any  route  or  routes.  Nothing  in  this  act  shall 
authorize  the  construction  of  an  elevated  railway  on  Broad- 
way south  of  Thirty-third  street,  nor  on  Madison  avenue 
in  the  city  of  New  York.  It  shall  not  be  lawful  to  grant, 
use  or  occupy,  for  the  purposes  of  an  elevated  railroad, 
except  for  the  purpose  of  crossing  the  same,  any  portion  of 
the  following  named  streets  and  places  in  the  city  of  New 
York,  that  is  to  say :  Second  avenue  below  Twenty-third 
street ;  Nassau  street ;  Printing  House  square,  so  called, 
south  of  Frankfort  street;  Park  Row,  south  of  Try  on  row  ; 
Broad  street  and  Wall  street. 

§  5.  After  any  determination  by  said  board  of  any  such 
route  or  routes  and  of  any  general  plan  of  construction  of 
said  railway  or  railways,  the  said  board  shall  transmit  to 
the  common  council  of  said  city  a  copy  of  said  plans  and 
conclusions  as  adopted.  It  shall  be  the  duty  of  such  com- 
mon council  upon  receiving  such  copy  of  plans  and  con- 


5 


elusions  to  appoint  a  day  not  less  than  one  week  nor  more 
than  ten  days  after  the  receipt  thereof  for  the  consideration 
Of  such  i)l;in-;  and  conclusions,  and  the  said  common  council 
sliall,  on  the  day  so  fixed,  proceed  witli  tlie  consideration 
thereof  and  may  continue  an^  adjourn  such  consideration, 
from  time  to  time,  until  a  final  vote  sliall  he  taken  thereon, 
as  hei'einafter  provided.  Witliin  four  weeks  after  the 
copy  of  such  plans  and  conclusions  adopted  by  the  board 
of  rapid  transit  railroad  commissioners  shall  have  first  been 
received  by  said  common  council,  a  final  vote  shall  be 
taken  thereon,  by  ayes  and  nays,  in  the  form  of  a  vote 
upon  a  resolution  to  approve  such  plans  and  conclusions, 
and  to  consent  to  the  construction  of  a  railway  or  railways 
in  accordance  therewith.  Upon  the  adoption  of  such 
resolution''^"  a  majority  vote  of  all  the  members  of  the  com- 
mon council  and  tlie  approval  of  the  mayor,  and  in  the 
case  of  the  refusal  or  failure  of  the  mayor  to  approve  such 
resolution,  then  by  a  two-thirds  vote  of  all  of  the  members 
of  the  common  council,  the  said  plans  and  conclusions  shall 
be  deemed  to  have  been  finally  consented  to  and  adopted, 
and  such  consent  shall  be  deemed  to  be  the  consent  of  the 
local  authorities  of  such  city;  provided,  that  where  in  any 
such  city  the  exclusive  control  of  any  street,  road,  highway 
or  avenue  which  is  to  be  used  or  occupied  by  any  railway 
or  railways  constructed  under  the  provisions  of  this  act,  is 
by  law  vested  in  any  local  authority  other  than  the  com- 
mon council  of  such  city,  the  approval  of  the  aforesaid 
plans  and  conclusions  and  the  consent  to  tlie  construction 
of  a  railway  thereunder  shall  be  given  by  such  local 
authority  in  place  of  and  if  required  in  addition  to  such 
approval  and  consent  by  said  common  council  and  with 
like  effect.  Upon  obtaining  the  approval  and  consent  of 
the  local  authorities,  as  above  provided,  the  said  board  of 
rapid  transit  railroadcommissioners  shall  take  the  necessary 
steps  to  obtain,  if  possible,  the  said  consents  of  the  property 
owners  along  the  line  of  the  said  route  or  routes.  For  the 
purposes  of  this  act  the  value  of  the  property  bounded  on 
that  portion  of  any  street  or  highway  in,  upon,  over  or 
under  which  it  is  j)roposed  to  construct  oi-  operate  such 
railway  or  railways,  or  any  part  thereof,  shall  be  ascertained 
and  determined  from  the  assessment-roll  of  the  city  in 


*  So  in  the  original. 


6 


which  the  said  property  is  situated,  confirmed  or  completed 
last  hefore  the  local  authorities  shall  have  given  their  con- 
sent as  ahove  pi-ovided.  If  such  consents  of  property 
owners  can  not  he  ohtained,  the  said  hoard  may,  in  its  own 
•name,  make  application  to  the  general  term  of  the  supreme 
court  in  the  judicial  district  in  which  such  railway  is  to  be 
constructed  for  the  appointment  of  three  commissioners  to 
determine  and  report  after  due  hearing  whether  such  rail- 
way ought  to  be  constructed  and  operated.  Two  weeks' 
notice  of  such  application  shall  be  given  by  daily  imblica- 
tion  thereof  in  six  daily  newspapers  published  in  the  city 
where  such  proposed  railway  is  to  be  constructed,  if  there 
he  so  many  newspapers  published  in  said  city,  and  if  not 
then  in  all  the  daily  newspapers  published  in  said  city. 
The  newspapers  in  which  said  publication  shall  be  made, 
shall  be  designated  by  the  general  term  of  the  supreme 
court  to  which  such  application  is  to  be  made  on  the  ap-. 
plication  of  the  commissioners  without  notice.  The  said 
general  term,  upon  due  proof  of  the  publication  aforesaid, 
shall  appoint  three  disinterested  persons  -who  shall  act  as 
commissioners,  and  such  commissioners  within  ten  days 
after  their  appointment  shall  cause  public  notice  to  be 
given  in  the  manner  directed  by  the  said  general  term,  of 
their  first  sitting  and  may  adjourn  from  time  to  time  until 
all  their  business  is  completed.  Vacancies  in  such  com- 
mission may  be  filled  by  said  general  term  after  such  notice 
to  persons  interested  as  the  general  term  may  deem  ])roi^er, 
and  the  evidence  taken  before  as  well  as  after  such  vacancy 
occurred  shall  be  deemed  to  be  properly  before  such  com- 
missioners. The  said  connnissioners  shall  determine  after 
j)ublic  hearing  of  all  parties  interested  whether  such  rail- 
road ought  to  be  constructed  and  operated  and  shall  report 
the  evidence  taken  to  said  general  term,  together  with  a 
report  of  their  determination  whether  such  road  ought  to 
be  constructed  and  operated,  which  report  if  in  favor  of 
the  construction  and  operation  (^f  such  road  shall,  when 
confirmed  l)y  said  court,  be  taken  in  lieu  of  the  consent  of 
the  property  owners  above  mentioned.  Such  report  shall 
be  made  within  sixty  days  after  the  api>(>intm(Mit  of  said 
connnissioners,  unless  the  said  coiu't  or  a  jndgc^  tliereof  shall 
extend  such  time. 


i 

§  ().  When  the  consents  of  the  local  authorities  and  the 
/  l)roperty  owners,  or  in  lieu  thereof,  the  authorization  of  the 
said  supreme  court  upon  the  report  of  conunissioners,  shall 
have  heen  ohtained,  the  hoard  of  ra})id  transit  railroad 
commissioners  shall  at  once  proceed  to  prepare  detailed 
plans  and  specifications  for  the  construction  of  such  rapid 
transit  railway  or  railways,  including  all  devices  and  ap- 
purtenances deemed  hy  it  necessary  to  secure  the  greatest 
efficiency,  puhlic  convenience  and  safety,  including  plans 
and  specifications  for  suitahle  support,  turnouts,  switches, 
sidings,  connections,  landing  places,  huildings,  platforms, 
stairways,  elevators,  telegraph  and  signal  devices  and  other 
suitable  appliances  incidental  and  requisite  to  what  the  said 
board  may  a})prove  as  the  best  and  most  efficient  system  of 
rapid  transit  in  view  of  the  public  needs  and  requirements, 
and  the  said  board  may  in  its  discretion  include  in  said 
plans  provisions  for  subways  or  tunnels,  for  sewer,  gas  or 
water  pipes,  electric  wires  and  other  conductors  proper  to 
be-  x^l^^ced  under  ground,  whenever  necessary  so  to  do  in 
order  to  permit  of  the  proper  construction  of  any  railway 
herein  provided  for  in  accordance  with  the  plans  and  speci- 
fications of  the  said  board.  Whenever  the  construction  of 
any  railway,  depressed  way,  subway  or  tunnel  under  the 
provisions  of  this  act  shall  interfere  with,  disturb  or  endanger 
any  sewer,  water  pipe,  gas  pipe  or  other  duly  authorized 
subsurface  structure,  the  work  of  construction  at  such 
points  shall  be  conducted  in  the  city  of  New  York,  in  ac- 
cordance with  the  reasonable  requirements  and  imder  the 
supervision  of  the  commissioner  of  public  works,  and  in 
other  cities  in  accordance  with  the  reasonable  requirements 
and  under  the  supervision  of  the  officer  or  local  authority 
having  the  care  of  and  the  jurisdiction  or  control  over  such 
subsurface  structures  so  interfered  with,  disturbed  or  en- 
dangered. All  expenses  incidental  to  such  supervision  and 
to  the  work  of  reconstructing,  readjusting  and  su]>porting 
any  such  sewer,  water  pipe,  gas  ])ipe  or  other  duly  author- 
ized subsurface  structure  shall  be  borne  and  i)aid  by  the 
company  constructing  any  sucli  railway,  depressed  way, 
subway  or  tunnel. 

>^  7.    The  said  board  after  having  secured  the  necessary 
consents  and  after  having  prepared  such  detailed  })lans  and 


8 


specifications  as  are  by  this  act  provided  for,  shall  sell  at 
public  auction  in  the  city  where  said  railway  or  railways 
are  to  be  built  and  for  the  account  and  benefit  of  said  city 
the  right,  privilege  and  franchise  to  construct,  maintain  and 
and  operate  such  railway  or  railways.  Notice  of  the  time 
and  place  of  such  sale  shall  be  published  three  times  a  week 
for  at  least  six  successive  weeks  in  at  least  three  daily 
newspapers  published  in  said  city.  The  board  may  pres- 
cribe all  such  terms  and  conditions  of  sale  as  it  may  deem 
to  be  foi'  the  interest  of  the  public  and  of  the  city  in  which 
the  railway  or  railways  are  to  be  constructed.  The  adver- 
tisement of  sale  shall  contain  only  so  much  of  the  said 
terms,  plans  and  specifications  for  the  construction  as  the 
board  may  think  proper,  but  such  advertisement  must  state 
at  what  place  the  full  terms,  plans  and  specifications  may 
be  examined,  and  they  shall  be  subject  to  examination 
under  such  reasonable  rules  and  regulations  as  the  board 
may  prescribe.  The  terms  of  sale  shall  provide  for  the  con- 
struction of  the  railway  or  railways  under  the  supei'vision 
of  the  board,  and  for  the  approval  of  an  engineer  or  en- 
gineers to  be  appointed  from  time  to  time  by  the  board, 
and  the  corporation  or  cori)orations  to  be  organized  for  the 
purpose  of  constructing  and  operating  such  railway  or 
railways  as  in  this  act  provided  shall  pay  such  engineer  or 
engineers  such  salary  as  may,  from  time  to  time,  be  fixed 
by  the  said  board  of  rapid  transit  railroad  commissioners. 
Such  engineer  or  engineers  shall  hold  their  office  at  the 
pleasure  of  the  said  board.  The  terms  of  sale  shall  re- 
quire the  successful  bidder  to  deposit  with  the  comi)troller 
or  chief  fiscal  officer  of  the  city,  in  cash  or  approved  secur- 
ities, such  amount  as  the  board  may  deem  sufficient  to 
constitute  a  guarantee  of  full  compHance  with  the  terms  of 
sale  by  the  purchaser  and  by  the  corporation  to  be  formed 
for  the  purpose  of  building  and  operating  said  railway  as 
hereinafter  provided.  Said  bids  and  all  riglits  which  may 
have  been  acxpiired  thereunder  sliall  become  null  and  void 
and  of  no  effect,  at  the  option  of  said  board,  should  there 
be  a  failure  to  organize  a  corporation  to  exercise  such 
rights,  privileges  and  franchises  as  required  by  said  terms 
of  sale  and  this  act,  or  for  any  violation  of  any  of  the 
requirements  of  said  terms  of  sale  which  should  be  com- 


9 


plied  with  before  such  corporation  is  organized,  and  there- 
upon any  deposit  which  may  have  been  made  pursuant  to 
such  terms  of  sale  shall  be  paid  into  the  treasury  of  such 
city  upon  a  certificate  being  made  and  filed  by  said  board 
with  the  i)ublic  officer  witli  whom  such  deposit  shall  have 
been  made,  that  said  bid  and  all  rights  wliich  may 
have  been  acquired  thereunder  have  become  null  and  void 
and  of  no  effect;  and  said  rights,  privileges  and  franchises 
shall  be  again  sold  by  said  board,  subject  to  all  the  provi- 
sions of  this  act  regulating  such  sales.  The  terms  of  sale 
shall  require  the  construction  of  the  road  to  be  begun  with- 
in a  time  to  be  specified  in  said  terms  of  sale,  and  to  be 
finished  within  a  certain  time  thereafter  to  be  specified 
therein  and  may  prescribe  the  time  within  which  portions 
of  the  same  shall  be  begun  and  finished.  The  said  terms  of 
sale  may  reserve  to  the  board  the  power  to  extend  the  times 
for  the  commencement  and  completion  of  the  construction  of 
said  railway  or  of  portions  of  the  same  if  in  its  discretion  the 
said  board  deem  such  extension  to  be  for  the  best  interests 
of  the  city.  In  case  the  corporation  formed  for  the  pur- 
pose of  constructing  said  railway  shall  fail  to  begin  or 
finish  the  construction  within  the  the'^  times  for  those  pur- 
poses respectively  limited,  all  rights,  privileges  and  fran- 
chises of  such  corporation  to  maintain  and  operate  said 
railway  shall  be  forfeited,  and  upon  such  forfeiture  being 
adjudged  by  the  court  in  a  suit  brought  for  that  purpose  in 
the  name  of  the  people,  or  by  said  board  of  rapid  transit 
railroad  commissioners,  then  the  said  board  shall  have 
power  to  advertise  and  resell  said  rights,  privileges  and 
franchises  and  so  much  of  the  road  as  shall  have  been  con- 
structed by  such  corporation;  such  suit  shall  have  prefer- 
ence over  all  other  cases  in  all  courts;  and  the  proceeds  of 
such  resale  shall  be  applied  first  to  the  payment  of  the  ex- 
penses of  the  resale,  and  then  to  the  discharge  of  any  liens 
which  may  have  been  created  upon  such  property,  and  the 
balance  shall  be  paid  over  to  the  said  corporation.  The 
terms  of  sale  must  provide  for  the  organization  by  the  pur- 
chaser or  purchasers  of  such  rights,  privileges  and  fran- 
chises of  a  corporation  to  exercise  the  same,  and  to  construct, 
maintain  and  operate  such  rapid  transit  railway  or  rail- 
ways ^vith  the  powers  and  subject  to  the  duties  and 

*  So  in  the  original. 


10 


liabilities  granted  or  imposed  by  tins  act.  The  said  terms 
of  sale  must  also  specify  the  amount  of  the  capital  of 
any  such  corporation,  and  nunjber  of  shares  of  capital 
stock  which  such  corporation  shall  be  authorized  to 
issue,  the  percentage  to  be  paid  in  cash  by  the  sub- 
scribers on  subscribing  for  such  shares,  the  maximum 
amount  of  the  bonded  indebtedness  which  such  corporation 
be  authorized  to  incur,  and  which  may  be  secured  by  mort- 
gage upon  its  property  and  franchises,  and  the  maximum 
rates  of  fares  and  freight  which  such  corporation  may 
charge  and  collect  for  the  carriage  of  persons  and  property. 
The  said  board  may,  if  it  considers  that  the  ])ublic  interest 
requires  it  to  do  so,  reject  all  all-  bids  and  readvertise  the 
said  rights,  privileges  and  franchises  for  sale,  with  the 
same  or  different  terms  of  sale,  as  often  as  it  may  deem 
necessary  in  the  interest  of  such  city,  and  shall  finally 
accept  that  l)id,  which  under  all  circumstances  in  its 
opinion  is  most  advantageous  to  tlie  jniblic  and  such  city  ; 
and  no  bid  shall  be  accepted  without  the  concurrent  vote 
of  four  members  of  the  board.  The  terms  of  sale  on  any 
such  resale  must  contain  all  the  provisions  required  by  this 
act  to  be  inserted  in  the  original  terms  of  sale.  Such  sale 
may  be  adjourned  from  time  to  time  at  the  discretion  of  the 
board.  All  sales  of  such  rights,  privileges  and  franchises 
shall  be  made  for  a  definite  term  of  years,  but  the  expira- 
tion of  the  term,  if  sold  for  a  term  of  years,  shall  not 
impair  any  mortgage  or  other  lien  upon  the  i)roperty  of 
such  cori)()ration  or  the  rights  of  any  creditor  or  creditors 
of  such  corporation  ;  provided,  liowever,  that  nothing 
herein  contained  sliall  be  so  construed  as  to  extend  the 
term  for  wliich  such  rights,  privileges  and  francliises  are 
sold. 

^  ^.  Within  one  year,  and  not  less  than  six  months, 
prior  to  the  exi)iration  of  any  term  for  which  sucli  l  iglits, 
privileges  and  franchises  shall  have  been  sold,  said  board 
shall  i)roceed  to  resell  the  i-ight  to  maintain  and  operate 
the  said  railway.  Such  sale  shall  be  made  in  the  mamier 
pi-escril){Ml  for  tlie  original  sale,  and  the  board  is  empowered 
to  mak(i  suitable  ])rovisi()ns  for  securing  to  the  corpoiation 
then  operating  such  lailway  or  lailways  suitable  compen- 
sation for  the  railroad  structure  and  appurtenances,  and 

*  So  in  the  original. 


11 


for  any  other  property,  real  or  personal,  whicli  the  said 
cori)oration  may  own  or  of  which  it  may  be  vested  at  the 
ex})iration  of  the  term  for  which  such  rights,  privil(^j;x\s 
and  franchises  were  sold.  Any  corporation  theretoioi  r  or- 
ganized under  the  provisions  of  this  act  may  he  a  purchase!" 
on  such  resale;  but  if  no  such  corporation  be  the  purchaser, 
a  new  corporation  shall  be  formed  to  maintain  and  operate 
said  road  in  the  manner  prescribed  for  the  organization  of 
a  corporation  on  the  original  sale,  except  tliat  the  plans 
and  specifications  according  to  which  said  railway  has  been 
constructed  need  not  be  set  out  at  large,  but  may  be  referred 
to  as  forming  part  of  the  articles  of  association  of  said  new 
corporation. 

>^  9.  The  said  board,  by  the  concurrent  vote  of  four 
members  thereof  may  rent  such  offices  and  employ  such 
engineers,  attorneys  and  other  persons,  from  time  to  time, 
as  it  may,  in  its  discretion,  deem  necessary  to  the  proper 
performance  by  it  of  its  duties  as  in  this  act  prescribed. 

^  §  10.  The  board  of  estimate  and  apportionment,  or 
other  board  or  public  body  on  which  is  imposed  the  duty 
and  in  w^hich  is  vested  the  power  of  making  appropriations 
of  public  moneys  for  the  purposes  of  the  city  government 
in  any  city  in  w^hich  it  is  proposed  to  construct  such  rail- 
way or  railways,  shall,  from  time  to  time,  on  requisition 
duly  made  by  the  board  of  rapid  transit  railroad  commis- 
sioners, api)roi)riate  such  sum  or  sums  of  money  as  may  be 
requisite  and  necessary  to  properly  enable  it  to  do  and  per- 
form or  cause  to  be  done  and  performed  the  duties  herein 
prescribed.  And  such  appropriation  shall  be  made  forth- 
with upon  presentation  of  a  requisition  from  the  board  of 
rapid  transit  railroad  commissioners,  which  shall  state  the 
purposes  for  which  such  moneys  are  required  by  the  said 
board.  In  case  the  said  board  of  estimate  and  apportion- 
ment or  such  other  board  or  public  body  fail  to  appropriate 
such  amount  as  the' board  of  rapid  transit  railroad  commis- 
sioners deem  requisite  and  necessary,  the  said  board  of  l  apid 
transit  railroad  commissioners  may  apply  to  the  general 
term  of  the  supreme  court,  in  the  department  in  which  the 
railway  is  to  be  or  has  been  constructed,  on  notice  to  the 
board  of  estimate  and  apportionment  or  such  other  board 
or  public  l^ody  aforesaid,  to  determine  what  amount  sliall 


12 


be  appropriated  for  the  purposes  required  by  this  section, 
and  tlie  decision  of  said  general  term  sliall  be  final  and  con- 
clusive. And  no  city  shall  be  hable  for  any  indebtedness 
incurred  by  the  said  boaid  of  rai)id  transit  railroad  com- 
missioners in  excess  of  such  appropriation  or  ai)pro])riations. 
It  shall  be  the  duty  of  the  auditor  and  comi)troller  of  any 
such  city,  after  such  appropriations  sliall  have  been  duly 
made,  to  audit  and  i)ay  the  proper  expenditures  of  said 
commissioners  upon  vouchers  therefor,  to  be  furnished  by 
the  said  commissioners,  which  payments  shall  be  made  in 
like  manner  as  payments  are  now  made  by  the  auditor, 
comptroller  or  other  public  officers  of  claims  against  and 
demands  upon  such  city  ;  and  for  the  purpose  of  providing 
funds  with  which  to  pay  the  said  sums,  the  comptroller  of 
said  city  is  hereby  authorized  and  directed  to  issue  and  sell 
revenue  bonds  of  such  city  in  anticipation  of  I'eceipt  of 
taxes  and  out  of  the  proceeds  of  such  bonds  to  make  the 
payments  in  this  section  requred  to  be  made.  And  the 
amount  necessary  to  pay  the  principal  and  interest  of  such 
bonds  shall  be  included  in  the  estimates  of  moneys  neces- 
sary to  be  raised  by  taxation  to  carry  on  the  business  of 
said  city,  and  shall  be  made  a  part  of  the  tax  levy  for  the 
year  next  following  the  year  in  which  such  appropriations 
are  made.  All  expenses  of  the  said  board  of  rapid  transit 
railroad  commissioners  so  incurred  and  paid  by  any  city  as 
in  this  section  provided,  and  for  Avhich  any  city  shall  be 
liable,  shall  be  repaid  with  interest  by  the  bidder  or  bidders 
at  the  public  sale  of  the  rights,  privileges  and  franchises  as 
in  this  act  provided  whose  bid  shall  be  acce])ted  by  the 
board  of  rapid  transit  railroad  commissioners,  and  the 
terms  of  such  sale  sltall  specify  tlie  tinu^  when  such  pay- 
ment shall  be  made,  as  well  as  the  amount  thereof.  The 
commissioners  shall  be  paid  a  reasonable  compensation  for 
the  duties  performed  by  them  in  relation  to  each  railway 
located  by  them  und^.r  the  provisions  of  this  act.  Tlie 
amount  of  such  compensation  shall  be  determined  by  the 
general  term  of  the  supreme  court  in  the  department  in 
which  the  railway  is  to  be  located  u])on  ai)plicati()n  by  the 
board  of  rapid  transit  railroad  commissioners  after  notice 
to  th(^  mayor  of  the  city  in  whicli  the  railway  is  to  be  built. 
The  amount  of  such  com])(^nsation  shall  be  stated  in  the 
terms  of  sale  and  shall  be  i)aid  by  the  ])urchaser. 


13 


§  11.  A  corporation  or  corporations  to  construct  and 
operate  such  rapid  transit  railway  or  railways,  and  to  enjoy 
and  exercise  the  rights,  privileges  and  franchises  in  this 
act  provided  for  shall  be  created  and  organized  in  the  man- 
ner following  :  Articles  of  association  shall  l)e  duly  signed 
and  acknowledged  by  not  less  than  twenty-five  persons, 
and  such  articles  shall  set  forth  the  name  of  the  proposed 
corporation  and  duration  thereof.  Said  articles  must  also 
state  that  they  are  made  and  filed  under  and  in  pursuance 
of  this  act  for  the  purpose  of  taking  and  exercising  the 
rights,  privileges  and  franchises  so  purchased  as  aforesaid, 
according  to  the  terms  of  sale;  and  such  terms  of  sale 
and  all  plans  and  specifications  must  be  made  a  part 
of  said  articles,  annexed  thereto  and  filed  therewith. 
The  said  articles  must  also  contain  such  other  pro- 
visions as  the  said  board  may  deem  requisite  and 
necessary,  not  inconsistent  with  the  terms  of  sale  or- 
with  this  act.  The  said  articles  must  be  approved  by  said 
board,  by  the  concurrent  vote  of  four  members,  and  its 
approval  must  be  endorsed  thereon  and  attested  by  the 
seal  of  the  board  and  the  signature  of  its  presiding  officer, 
and  must  then  be  filed  in  the  office  of  the  secretary  of  state, 
and  a  duly  certified  copy,  or  a  duplicate  thereof,  must  be 
filed  in  the  office  of  the  clerk  of  the  county  in  whicl  i  such 
railway  or  railways  are  to  be  constructed.  Immediately 
after  the  articles  of  association  shall  have  been  so  made, 
approved  and  filed,  the  board  of  rapid  transit  railroad  com- 
missioners shall  cause  books  of  subscription  to  the  capital 
stock  of  any  such  corporation  to  be  opened,  and  shall  give 
public  notice  of  the  opening  of  such  books  and  of  the  time 
and  place  at  which  subscriptions  will  be  received  ;  and 
when  the  full  amount  of  such  capital  stock  shall  have  been 
subscribed  l)y  not  less  than  fifty  persons,  and  such  per- 
centage of  the  amount  subscribed  as  may  have  been  fixed 
by  the  board  in  tht3  terms  of  sale  shrill  have  been  paid  in, 
in  cash,  to  such  bank  or  trust  company  as  the  board  may 
select,  the  said' board  shall  call  a  meeting  of  the  subscribers 
for  the  purpose  of  organizing  the  corporation,  serving  upon 
or  mailing  to  each  subscril)er  a  notice  of  such  meeting  at 
least  ten  days  before  the  time  appointed  for  holding  the 
same;  and  the  person  or  persons  whose  bid  shall  have  been 


14 


accepted  by  the  said  board  of  rapid  transit  railroad  com- 
missioners shall,  if  they  elect  to  become  subscribers  to  the 
capital  stock  of  such  cori)orati()n,  be  entitled  to  a  prefer- 
ence for  themselves  and  their  associates  in  subscribing  for, 
and  in  the  allotment  of  the  shares  of  capital  stock  of  such 
corporation. 

§  12.  At  such  meeting  of  subscribers  thirteen  directors 
of  the  corporation  shall  be  elected,  each  of  whom  shall  be 
a  holder  in  his  own  right. of  at  least  one  hundred  shares  of 
the  capital  stock  of  the  corporation,  and  the  board  of  rapid 
transit  railroad  commissioners  shall  appoint  the  the*  in- 
spectors of  the  first  election.  Each  share  of  stock  shall  en- 
title the  holder  to  one  vote  for  each  director.  The  directoi-s 
so  selected  shall  hold  office  for  one  year  and  until  others 
are  elected  in  their  places.  At  such  meeting  by-laws  must 
.  be  adopted  not  inconsistent  with  this  act,  which  by-laws 
shall,  among  other  things,  provide  for  : 

1.  The  term  of  office  of  the  directors  elected  at  any 
subsequent  meeting  of  stockholders,  which  term  shall  not 
exceed  one  year. 

2.  The  manner  of  filling  any  vacancy  which  may  occur 
in  any  office  or  in  the  board  of  directors. 

3.  The  time  and  place  of  the  annual  meeting  of  stock- 
holders. 

4.  The  manner  of  calling  and  holding  special  meetings 
of  stockholders. 

5.  The  number  of  stockholders  who  shall  attend  either 
in  person  or  by  proxy,  at  any  stockholders'  meeting  in 
order  to  constitute  a  quorum : 

6.  The  officers  of  the  corporation,  the  manner  of  tlieir 
election  by  the  directors,  and  their  duties  and  powers,  and 
among  which  officers  there  sliall  be  included  a  president, 
a  secretary  and  a  treasurer. 

7.  The  manner  of  electing  or  appointing  inspectors  of 
election. 

8.  The  manner  of  amending  the  by-laws. 

The  by-laws  may  also  provide  for  the  forfeiture  of  shares 
for  the  nonpayment  of  calls  and  for  such  other  matters  as 
may  be  deemed  proper  by  the  board  of  rapid  transit  rail- 

*  So  iu  the  original. 


ll 


15 


road  commissioners  and  they  nuist  be  approved  hy  a  resolu- 
tion of  said  board. 

§  13.  Within  ten  days  after  tlie  said  subscribers'  meet- 
ing a  record  of  the  proceedings  thereof,  containing  a  copy 
of  the  subscrii)tion  hst,  a  copy  of  tlie  by-laws  adopted,  and 
the  names  of  the  directors  chosen,  shall  be  prepared  and 
duly  certified  by  the  person  presiding  over,  and  person 
acting  as  secretary  of  said  meeting.  There  shall  be 
attached  thereto  a  certificate  of  the  board  of  rapid  transit 
railroad  commissioners,  attested  by  its  seal  and  the  signa- 
ture of  its  presiding  officer,  that  said  board  has  approved 
the  by-laws  adopted  at  the  subscribers'  meeting,  and  that 
said  corporation  has  been  organized  in  accordance  with  the 
provisions  of  this  act.  The  said  record  and  certificate  shall 
be  filed  by  said  board  in  the  ofiice  of  the  secretary  of  state, 
and  a  duly  certified  copy  or  duplicate  thereof  shall  be  filed 
in  the  office  of  the  clerk  of  the  county  in  which  said  rail- 
way or  railways  are  to  be  built,  and  thereupon  and  upon  the 
payment  to  the  state  treasurer  of  a  tax  of  one-eighth  of  one 
per  centum  of  the  par  value  of  the  capital  stock  of  said 
corporation,  such  corporation  shall  be  deemed  to  be  fully 
organized.  A  copy  of  said  certificate,  duly  certified  by  the 
secretary  of  state,  or  by  the  county  clerk  in  whose  office  it 
is  filed,  shall  be  presumptive  evidence  of  the  due  organiza- 
tion of  such  corporation  in  all  courts  and  proceedings. 
Upon  the  production  of  the  certified  copy  of  said  certificate, 
and  upon  the  order  of  such  corporation,  the  bank  or  trust 
company  in  which  the  percentage  of  subscriptions  to  the 
capital  stock  shall  have  been  deposited,  shall  pay  over  to 
any  such  corporation  the  amount  of  such  deposit,  and  said 
corporation  shall  repay  to  the  purchaser  or  purchasers  at 
the  sale  provided  for  in  section  seven  of  this  act,  the  ex- 
penses paid  by  him  or  them  to  the  city  pursuant  to  the 
provisions  of  the  terms  of  sale,  witli  interest  to  the  date  of 
such  re-payment. 

^  14.  The  said  board  of  rapid  transit  railroad  commis- 
sioners, if,  in  their  judgment,  the  pid)lic  interest  requires, 
may,  at  any  time  after  the  full  organization  of  any  such 
corporation,  by  the  concurrent  vote  of  four  members, 
authorize  such  corporation  to  alter  or  add  to  the  detailed 
plans  and  specifications  contained  in  its  articles  of  associa- 


16 


tion,  provided  the  plans  and  specifications  as  so  modified 
do  not  change  the  route  or  routes  of  said  railway  and  be 
not  inconsistent  with  the  general  plan  of  construction, 
adopted  under  the  provisions  of  section  four  of  this  act,  and 
provided  also  such  modifications  be  first  approved  by  a  vote 
of  two-thirds  of  the  directors  of  said  corporation  present 
and  voting  at  any  special  meeting  duly  called  for  the  pur- 
pose, by  written  notice  stating  the  nature  of  the  business 
to  be  transacted  at  said  meeting.  When  sucli  authorization 
by  the  board  of  rapid  transit  railroad  commissioners  shall 
have  been  given,  a  certificate  shall  be  prepared,  and  ac- 
knowledged by  the  president  and  a  majority  of  the  directors 
of  said  corporation,  stating  the  nature  of  the  modification, 
and  that  the  same  has  been  approved  by  the  board  of 
directors  in  the  manner  above  set  forth,  to  which  certificate 
there  shall  be  attached  a  copy  of  so  much  of  the  original 
plans  and  specifications  as  are  to  be  affected  by  the  modifi- 
cation, and  also  the  plans  and  specifications  as  modified. 
There  shall  also  be  contained  in  sUch  certificate  a  declara- 
tion of  the  approval  of  said  board  of  rapid  transit  railroad 
commissioners,  attested  in  the  same  manner  as  the  certifi- 
cate of  full  organization.  The  said  certificate,  plans  and 
specifications  shall  then  be  filed  in  the  office  of  the  secretary 
of  state,  and  a  certified  copy  or  duplicate  thereof  shall  be 
filed  in  the  office  of  the  clerk  in  wliich  the  articles  of  asso- 
ciation are  filed.  And  thereupon  said  corporation  shall  be 
authorized  to  construct  its  railway  or  railways  and  appur- 
tenances in  accordance  with  such  modified  plans  and 
specifications. 

§  15.  Every  corporation  organized  under  tliis  act  shall 
have  its  principal  office  and  be  taxed  on  its  property  in  the 
city  where  its  railway  or  railways  are  situated. 

§  16.  The  affairs  of  said  corporation  shall  be  managed 
by  a  board  of  thirteen  directors,  who  shall  be  chosen 
annually,  by  a  majority  of  the  votes  of  the  stockliolders 
voting  at  sucli  election,  in  such  manner  as  may  be  pres- 
cribed in  the  by-laws  of  the  corporation,  and  they  may  and 
shall  continue  to  be  dii'ectors  until  others  are  elected  in  their 
places.  In  the  election  of  directors,  each  stockholder  sliall 
be  entitled  to  one  vote  for  each  share  of  stock  held  by  liim. 
Vacancies  in  the  board  of  directors  shall  Ix^  filUnl  in  such 


J 


17 


manner  as  shall  be  prescribed  by  the  by-laws  of  the  cor- 
poration. No  person  shall  be  a  director  unless  he  shall  be 
a  stockholder  owning  one  hundred  shares  of  stock  absolutely 
in  his  own  liglit.  and  qualified  to  vote  for  directors  at  the 
election  at  which  he  shall  be  chosen.  At  every  election  of 
directors  the  books  and  papers  of  such  cori)()i-ation  sludl  be 
exhibited  to  the  meeting,  provided  a  majority  of  the  stock- 
holders present  shall  require  it. 

^17.  The  directors  shall  require  the  subscribers  to  the 
capital  stock  of  the  company  to  pay  the  amount  by  them 
respectively  subscribed  in  money  at  such  times  and  in  such 
instalments  as  they  may  deem  proper,  not  inconsistent 
with  the  by-laws  and  the  articles  of  association. 

§  IS.  Each  stockholder  of  any  corporation  formed  un- 
der this  act  shall  be  individually  liable  to  the  creditors  of 
such  cori)oration,  to  an  amount  equal  to  the  amount  unpaid 
on  the  stock  held  by  him,  for  all  the  debts  and  liabilities  of 
such  corporation,  until  the  whole  amount  of  the  capital 
stock  so  held  by  him  shall  have  been  paid  to  the  corpora- 
tion; and  all  the  stockholders  of  any  such  corporation  shall 
be  jointly  and  severally  liable  for  the  debts  due  or  owing  to 
any  of  its  laborers  and  servants,  other  than  contractors, 
for  personal  services,  for  thirty  days'  service  performed 
for  such  corporation,  but  shall  not  be  liable  to  an  action 
therefor  before  an  execution  or  executions  shall  be  returned 
unsatisfied  in  whole  or  in  part  against  the  corporation,  and 
the  amount  due  on  such  execution  or  executions  shall  l)e 
the  amount  receiverable,  with  costs,  against  such  stock- 
holders; before  such  laborer  or  servant  shall  charge  such 
stockholder  for  such  thirty  days'  service,  he  shall  give  him 
notice  in  writing  within  twenty  days  after  the  performance 
of  such  service,  that  he  intends  so  to  hold  him  liable, 
and  he  shall  commence  such  action  therefor  within  thirty 
days  after  the  return. of  such  execution  unsatisfied,  as  above 
mentioned;  and  every  such  stockholder  against  whom  any 
such  reco\'ery  by  such  laborer  or  servant  shall  have  been 
had,  shall  have  a  right  to  recover  the  same  of  the  other 
stockholders  in  said  corporation,  in  ratable  proportion  to 
the  amount  of  the  stock  they  shall  resi)ectively  hold. 

§  The  stock  of  every  corporation  formed  under  this 
act  shall  be  deemed  personal  estate,  and  shall  be  transfer- 


18 

able  in  the  manner  prescribed  by  the  by-laws  of  the  com- 
pany, but  no  share  shall  be  transferable  until  all  previous 
calls  thei'eon  shall  have  been  fully  |)aid  in. 

§  20.  Any  corpoi-ation  formed  under  this  act  may  in- 
crease or  reduce  its  capital  stock  from  time  to  time  upon  ob- 
taining the  approval  of  the  board  of  rapid  transit  railroad 
commissioners  l)y  a  concurrent  vote  of  four  members  thereof. 
Such  increase  or  reduction  must  be  approved  by  a  vote  in 
person,  or  by  proxy,  of  two-thirds  in  amount  of  all  the 
stockholders  of  the  corporation,  at  a  meeting  of  such  stock- 
holders called  by  the  directors  of  the  corporation  for  that 
purpose,  by  a  notice  in  writing  to  each  stockholder,  to  be 
served  on  him  in  the  manner  provided  for  service  of  the 
notice  of  the  subscribers'  meetings  provided  for  in  section 
eleven  of  this  act.  Such  notice  shall  state  the  time  and 
place  of  the  meeting,  and  its  object,  and  the  amount  to 
which  it  is  proposed  to  increase  or  reduce  the  capital  stock . 
A  statement  of  the  increase  or  reduction  shall  be  signed  by 
the  president  and  a  majority  of  the  directors  and  shall  be 
filed  in  the  office  of  the  secretary  of  state  and  of  the  clerk  of 
the  county  in  which  the  original  articles  of  association  are 
filed.  There  must  be  attached  thereto  a  certificate  ot  the 
approval  of  said  board  of  rapid  transit  railroad  commis- 
sioners attested  in  the  same  manner  as  the  certificate  of 
full  organization. 

§  21.  No  person  holding  stock  in  any  such,  corporation, 
as  executor,  administrator,  guardian  or  trustee,  and  no 
person  holding  such  stock  as  collateral  security,  shall  be 
personally  subject  to  any  liability  as  a  stockholder  of  such 
corporation;  but  the  person  pledging  such  stock  shall  be 
considered  as  holding  the  same,  and  shall  be  liable  as  a 
stockholder  accordingly;  and  the  estate  and  funds  in  the 
hands  of  such  executor,  administrator,  guardian  or  trustee 
shall  be  liable  in  like  manner,  and  to  the  same  extent,  as 
the  testator  or  intestate  or  tlie  ward  or  person  interested  in 
such  trust  fund  would  have  been  if  he  had  been  living  and 
comi)etent  to  act,  and  held  the  same  stock  in  his  own 
name. 

§  22.  As  often  as  any  contractor  for  the  construction  of 
any  part  of  a  railway,  which  is  in  progress  of  construction 
under  the  provisions  of  this  act,  shall  be  indebted  to  any 


19 


laborer  for  thirty  or  any  less  number  of  days'  labor  per- 
formed in  constructing  said  road,  such  laborer  may  give 
notice  of  such  indebtedness  to  said  corporation  in  the 
manner  herein  provided;  and  said  corporation  shall  there- 
upon become  liable  to  pay  such  laborer  the  amount  so 
due  him  for  such  labor,  and  an  action  may  l)e  main- 
tained against  said  corporation  therefor.  Such  notice 
shall  be  given  by  said  laborer  to  said  corporation  with- 
in twenty  days  after  the  performance  of  the  ninnber  of 
d^ys'  labor  for  which  the  claim  is  made.  Such  notice  shall 
be  in  writing,  and  shall  state  the  amount  and  number  of 
days'  labor,  and  the  time  when  the  same  was  performed 
and  the  name  of  the  contractor  from  whom  due,  and  shall 
be  signed  by  such  laborer  or  his  attorney,  and  shall  be 
served  on  an  engineer,  agent  or  superintendent  employed 
by  such  corporation  having  charge  of  the  section  of  the 
road  on  which  such  labor  was  performed  personally,  or  by 
leaving  the  same  at  the  office  or  usual  place  of  business  of 
sucii  engineer,  agent  or  superintendent  with  some  person 
of  suitable  age.  But  no  action  shall  be  maintained  against 
any  corporation  under  the  provisions  of  this  section,  unless 
the  same  be  commenced  within  thirty  days  after  notice  is 
given  to  such  company  by  such  laborer  as  above  provided. 

23.  Every  such  corporation  shall  have  the  right  to  ac- 
quire and  hold  such  real  estate  or  easement  or  other  interest 
therein,  or  rights  appertaining  thereto,  as  may  be  necessary 
to  enable  it  to  construct,  maintain  and  operate  the  said  rail- 
way, or  railways,  and  such  as  may  be  necessary  for  stations, 
depots,  engine-house,  car-liouses,  machine-shops,  and  other 
appurtenances  specified  in  the  articles  of  association ;  and  in 
case  any  such  coi-poration  can  not  agree  with  the  owner  or 
owners  of  such  property  it  shall  have  the  right  to  ac(iuire 
title  to  the  same  in  i)ursuance  of  the  terms  of  and  in  the 
manner  prescribed  in  title  one  of  chapter  twenty-three  of 
the  Code  of  Civil  Procedure,  known  as  th(^  condemnation 
law. 

^  24:.  Every  corporation  formed  under  this  act  shall 
have  power  : 

].  To  take  and  hold  such  voluntary  grants  of  real  es- 
tate and  other  property  as  shall  be  made  to  it,  to  aid  in  the 
construction,  maintenance  and  accommodation  of  its  rail- 


20 


way  or  railways,  but  the  real  estate  received  by  voluntary 
grant  shall  be  held  and  used  for  the  purposes  of  such  grant 
only. 

2.  To  purchase,  hold  and  use  all  such  real  estate  and 
other  property  as  may  be  necessary  for  the  construction 
and  maintenance  of  its  railway  or  railways  and  the  stations 
and  other  acconnnodations  necessary  to  accomplish  the  ob- 
jects of  its  incorporation  ;.  but  nothing  hei-ein  contained 
shall  be  held  as  repealing  or  in  any  way  affecting  the  act 
entitled  An  act  authorizing  the  construction  of  railroa*ds 
upon  Indian  lands,"  passed  May  twelve,  eighteen  hundred 
and  thirty-six. 

3.  To  cross,  intersect,  join  and  unite  its  railway  or  rail- 
ways Avith  any  other  railway  before  constructed  at  any 
point  on  its  route,  and  upon  the  grounds  of  such  other  rail- 
way company,  with  the  necessary  turnouts,  sidings  and 
switches  and  other  conveniences  in  furtherance  of  the  ob- 
jects of  its  connections.  And.  every  corporation  whose 
railway  is  or  shall  be  hereafter  intersected  by  any  new  rail- 
way shall  unite  with  the  owners  of  such  new  railway  in 
forming  such  intersertions  and  connections,  and  grant  the 
facilities  aforesaid ;  and  if  the  two  corporations  can  not 
agree  upon  the  amount  of  compensation  to  be  made  there- 
for the  same  shall  be  ascertained  and  deternined  by 
commissioners  to  be  appointed  by  the  court,  in  the  manner 
provided  in  this  act  in  respect  to  acquiring  title  to  real  es- 
tate. And  if  tlie  two  cori)orations  can  not  agree  upon  the 
points  and  manner  of  such  crossings  and  connections,  the 
board  of  rapid  transit  railroad  connnissioners  sliall  deter- 
mine the  same  on  the  api)lication  of  either  cori)()ration. 

4.  To  take  and  convey  persons  and  property  on  its  rail- 
way or  railways  by  the  power  or  force  of  steam,  or  by  any 
motor  other  than  animal  i)ower,  and  to  receive  compensation 
therefor  not  inconsistent  with  the  provisions  of  this  act  and 
the  terms  of  sale  under  which  the  said  cor])()ration  shall 
have  acquired  its  rights,  ])rivileges,  and  franchises. 

5.  To  enter  upon  and  underneath  the  several  streets, 
avenues  public  places  and  lands  designated  by  the  said  board 
of  rapid  transit  I'ailroad  commissioners,  and  enter  into  and 
ui)()n  the  soil  of  the  same;  to  construct,  maintain,  operate 
and  use,  in  a('cordance  with  the  plan  adopted  by  said  board 


■ 


'21 


a  railway  or  railways  111)011  the  route  or  routes  and  to  the 
points  decided  upon,  and  to  secure  the  necessary  founda- 
tions and  erect  the  coluins,  piers  and  other  structui-es  which 
may  be  required  to  secure  safety  and  stabihty  in  tlie  con- 
struction and  maintainance  of  the  railways  constructed  upon 
the  plan  adopted  by  the  said  board  and  which  may  be  nec- 
essary for  operating  the  same;  except  that  nothing  in  this 
act  shall  authorize  the  construction  of  a  railway  crossing 
the  track  of  any  steam  railway  now  in  actual  operation  at 
the  grade  thereof,  or  the  erection  of  piers  or  supports  for 
any  elevated  railway  upon  a  railway  track  now  actually  in 
use  in  any  street  or  avenue;  and  it  shall  be  lawful  to  make 
such  excavations  and  openings  along  the  route  through  . 
such  railway  or  railways  shall  be  constructed  as  shall  be 
necessary  from  time  to  time;  in  all  cases  the  surface  of  said 
streets  around  such  foundations,  piers  and  colums  shall  be 
restored  to  the  condition  in  which  they  were  before  such 
excavations  were  made,  as  near  as  may  be  and  under  the 
direction  of  the  proper  local  authorities,  and  in  all  cases  the 
use  of  the  streets,  avenues,  places  and  lands  designated  by 
the  said  board,  and  the  right  of  way  through  the  same,  for 
the  purpose  of  a  railway  or  railways,  as  herein  authorized 
and  provided,  shall  be  considered,  and  is  hereby  declared, 
to  be  a  public  use,  consistent  with  the  uses  for  which  the 
roads,  streets,  avenues  and  pubhc  places  are  publicly  held; 
but  no  such  corporation  shall  have  the  right  to  acquire  the 
use  or  occupancy  of  public  parks  or  squares  in  such  county, 
or  the  use  or  occupancy  of  any  of  the  streets  or  avenues, 
except  such  as  may  have  been  designated  for  the  route  or 
routes  of  such  railway,  and  except  such  temporary  privi- 
leges as  the  proper  authorities  may  grant  to  such  corpora- 
tions to  facilitate  such  construction. 

6.  From  time  to  time  to  borrow  such  sums  of  money  as 
may  be  necessary  for  completing  and  finishing  or  operating 
their  railroad,  and  to  issue  and  dispose  of  their  bonds  for 
any  amount  sO  borrowed,  but  the  amount  of  such  bonds 
outstanding  at  any  one  time  shall  not  exceed  the  amount 
hmited  by  the  articles  of  association. 

§  25.  Every  conductor,  baggage  master,  engineer,  brake- 
man  or  other  servant  of  any  railroad  corporation  employed 
in  a  passenger  train,  or  at  stations  for  passengers,  shall 


wear  upon  his  hat  or  cap  ahadge,  which  shall  indicate  his 
office,  and  the  initial  letter  of  the  style  of  the  corporation 
hy  which  he  is  employed.  No  conductor  or  collector,  with- 
out such  hadge,  shall  be  entitled  to  demand  or  receive  from 
any  passenger  any  fare  or  ticket,  or  to  exercise  any  of  the 
powers  of  his  office;  and  no  officer  or  servant  without  such 
badge  shall  have  authority  to  meddle  or  interfere  with  any 
passenger,  his  baggage  or  property. 

§  26.  Any  such  corporation  shall,  when  applied  to  by 
the  postmaster-general,  convey  the  mails  of  the  United 
States  on  their  road  or  roads  respectively;  and  in  case  the 
parties  cannot  agree  as  to  the  rate  of  transportation  there- 
.  for,  and  as  to  the  time,  rate  of  speed,  manner  and  condi- 
tions of  carrying  the  same,  it  shall  be  lawful  for  the 
governor  of  this  state  to  appoint  three  commissioners,  who, 
or  a  majority  of  them,  after  fifteen  days'  notice  in  writing 
of  the  time  and  place  of  meeting  to  the  corporation,  shall 
determine  and  fix  the  prices,  terms  and  conditions  afore- 
said ;  hut  such  price  shall  not  be  less  for  carrying  said  mails 
in  the  regular  passenger  trains  than  the  amount  which 
such  corporation  would  receive  as  freight  on  a  like  weight 
of  merchandise  transported  in  their  merchandise  trams, 
and  a  fair  compensation  for  the  post-office  car.  And  in 
case  the  postmaster-general  shall  require  the  mail  to  be 
carried  at  other  hours,  or  at  a  higher  speed  than  the  pas- 
senger trains  are  run,  the  corporation  shall  furnish  an  ex- 
tra train  for  the  mail,  and  be  allowed  an  extra  com])ensa- 
tion  for  the  expenses  and  wear  and  tear  thereof,  and  for 
the  service  to  be  fixed  as  aforesaid. 

§  27.  If  any  passenger  shall  refuse  to  pay  his  fare,  it 
shall  be  lawful  for  the  conductor  of  the  train  and  the  ser- 
vants of  the  corporation  to  put  him  and  his  baggage  out  of 
the  cars,  using  no  unnecessary  force,  at  any  usual  stopping 
place,  on  stopi)ing  the  train. 

g  28.  Every  such  corporation  shall  start  and  run  its 
cars  for  the  trans])ortation  of  passengers  and  property  at 
regular  times,  to  be  fixed  by  public  notice  ;  and  shall  furnish 
sufficient  accommodations  for  the  transportation  of  all 
such  ])ass(^ngers  and  property  as  shall,  within  a  reasonable 
time  previous  thereto,  be  ofi'ered  for  transportation  at  the 
place  of  starting  and  the  junction  of  other  railroads,  and  at 


23 


usual  stopping  places  established  for  receiving  and  dis- 
charging way  passengers  and  freight  for  that  train ;  and 
sliall  take,  traiisi)ort  and  discharge  such  passengers  and 
property  at,  from  and  to  such  })laces,  on  the  due  payment 
of  the  freight  or  fare  legally  authorized  therefor  ;  and  shall 
be  liable  to  the  party  aggrieved  in  an  action  for  damages, 
for  any  neglect  or  refusal  in  the  premises. 

§  29.  If  any  i)erson  sliall,  wliile  in  charge  of  a  locomo- 
tive engine  running  upon  the  railway  of  any  such  corpora- 
tion, or  while  acting  as  the  conductor  of  a  car  or  train  of 
cars  on  any  such  railroad,  be  intoxicated,  he  shall  be 
deemed  guilty  of  a  misdemeanor. 

§  30.  If  any  person  or  persons  shall  willfully  do,  or 
cause  to  be  done,  any  act  or  acts  whatever,  whereby  any 
building,  construction  or  work  of  any  railway  corporation, 
or  any  engine,  machine  or  structure,  or  any  matter  or  thing 
appertaining  to  the  same,  shall  be  stopped,  obstructed,  im- 
paired, weakened,  injured  or  destroyed,  the  person  or  per- 
sons so  offending  shall  be  guilty  of  a  misdemeanor,  and 
shall  forfeit  and  pay  to  the  said  corporation  treble  the 
amount  of  damages  sustained  in  consequence  of  such 
offense. 

§  31.  The  legislature  may,  at  any  time,  annul  or  dis- 
solve any  corporation  formed  under  this  act ;  but  such  disso- 
lution shall  not  take  away  or  impair  any  remedy  given 
against  any  such  corporation,  its  stockholders  or  officers,  for 
any  liability  which  shall  have  been  previously  incurred. 

§  32.  The  said  board  of  rapid  transit  railroad  commis- 
sioners may  also  from  time  to  time,  upon  application  of  any 
railway  corporation  owning  or  actually  operating  a  railroad 
wholly  or  in  part  within  the  limits  of  any  city  in  which  the 
said  board  has  power  to  act,  if  in  the  judgment  of  said 
board  the  public  interests  so  demand,  by  the  concurrent 
vote  of  all  the  members  of  said  board  fix  and  determine  the 
route  or  routes  by  which  any  such  railway  company  may 
connect  with  ot4ier  steam  railways,  or  the  stations  thereof, 
or  with  steam  ferries,  or  may  extend  its  lines  within  said 
city  and  may  authorize  any  such  railway  company  to  lay 
an  additional  tiack  or  tracks  on,  above,  under  or  contiguous 
to  a  portion  or  the  whole  of  the  route  or  routes  of  its  rail- 
way or  railways  within  said  city  and  to  acquire  terminal  or 


24 


other  facilities  necessary  for  the  accommodation  of  the 
travehng  pubhc  on  any  street  or  place  except  the  place  now 
known  as  Battery  park  on  which  said  railway  shall  be 
located;  and  the  said  board  shall  fix  and  determine  the  loca- 
tions and  plans  of  construction  of  the  railways  upon  such 
route  or  routes  and  of  such  tracks  and  facilities,  the  times 
within  which  they  shall  be  respectively  constructed,  the 
compensation  to  be  made  therefor  to  the  city  by  said  rail- 
way company,  and  such  other  terms,  conditions  and  re- 
quirements as  to  the  said  board  may  ai)pear  just  and  proper. 
A  certificate  shall  be  prepared  by  the  said  board,  attested  by 
its  seal  and  the  signatures  of  its  presiding  officer,  setting 
forth  in  detail  the  action  taken  by  the  said  board  with  res- 
pect to  such  connecting  or  extended  route  or  routes  and 
such  tracks  and  facilities,  and  the  terms,  conditions  and 
requirements  aforesaid.  Such  certificates  shall  be  delivered 
to  said  railway  corporation  upon  the  receipt  by  said  board 
of  a  written  acceptance  of  said  terms,  conditions  and  re- 
quirements, duly  executed  by  said  railway  corporation, 
so  as  to  entitle  it  to  be  recorded.  The  said  certificate  shall 
be  filed  in  the  office  of  the  secretary  of  state,  and  a  duly 
certified  copy  thereof  shall  be  filed  in  the  office  of  the  clerk 
of  the  county  in  which  the  railways  of  said  railway  cori)ora- 
tion  are  situated,  and  thereupon,  and  upon  fulfillment  by 
such  railway  corporation,  so  far  as  it  relates  to  such  con- 
nections, additional  track  or  tracks,  or  facilities,  of  such  of 
the  requirements  and  conditions  as  are  necessary  to  be  ful- 
filled in  such  cases,  under  section  eighteen  of  article  three 
of  the  constitution  of  this  state,  and  upon  fulfillment  by 
such  railway  corporation  of  such  other  terms,  conditions 
and  requirements  enumerated  in  said  certificate,  as  the  said 
board  may  reauire  to  be  fulfilled  as  a  condition  precedent  to 
commencing  said  work,  said  railway  company  shall  in  such 
cases  possess  in  addition  to  existing  franchises  all  the  i)ow- 
ers  conferred  by  this  act  upon  corporations  specially  form- 
ed thereunder,  with  res])ect  to  its  railways  authorized  to  be 
constructed  as  aforesaid,  and  when  any  route  or  routes, 
additional  track  or  tracks,  or  terminal  or  other  facili- 
ties, shall  be  so  fixed  and  determed,  and  a  certificate  as 
aforesaid  shall  have  been  duly  filed,  such  railway  com- 
pany may  construct  the  same  with  all  the  rights,  and 


25 


with  like  effect  as  though  the  same  had  been  a 
part  of  the  original  route  of  its  railway  then  in  actual 
operation.  But  the  construction  and  ()})eration  of  such 
connections,  extensions,  additional  track  or  tracks,  or 
facilities,  are  hereby  authorized  only  u})on  the  condition 
that  the  consent  of  the  owners  of  (me-half  in  value  of  the 
property  bounded  on,  and  the  consent  also  of  the  local 
authorities  having  the  control  of  that  portion  of  a  street  or 
highway  upon,  above  or  under  which  it  is  proposed  to  con- 
struct or  operate  the  same,  be  first  obtained,  or  in  case  the 
consent  of  such  property  owners  cannot  be  obtained,  the 
general  term  of  the  supreme  court  in  the  district  in  which 
they  are  proposed  to  be  constructed,  may,  upon  application, 
in  the  same  manner  and  on  tlie  same  notice  si)ecified  in 
section  five  of  this  act,  appoint  three  commissioners,  who 
shall  determine  after  a  hearing  of  all  ])arties  interested, 
whether  the  same  ought  to  be  constructed  or  operated,  and 
their  determination,  confirmed  by  the  court,  may  be  taken 
in  lieu  of  the  consent  of  the  proi)erty  owners. 

§  33.  Wherever  the  route  selected  by  the  said  board  of 
rapid  transit  railroad  commissioners  for  the  construction 
of  such  railway  shall  intersect,  cross  or  coincide  with  any 
railway  track  or  tracks  occupying  the  surface  of  any  street 
or  avenues,  any  coi'poration  oi'ganized  under  this  act  is 
hereby  authorized,  for  the  purpose  of  constructing  the 
said  work,  to  remove  the  track  or  tracks  of  any  such  sur- 
face railway  or  railways,  but  the  same  shall  be  done  in 
such  manner  as  to  interfere  as  little  as  possible  with  the 
practical  operation  or  workings  of  such  surface  railway  or 
railways,  and  upon  the  construction  of  such  railway  built 
under  and  in  conformity  with  the  provisions  of  this  act, 
where  such  removals  or  changes  have  been  made,  the  same 
shall  be  restored,  as  nearly  as  may  be,  to  the  condition  in 
which  they  were  previous  to  the  construction  of  any  such 
railway  built  under  the  provisions  of  this  act,  and  any 
damage  which  such  company  or  companies  may  sustain, 
shall  be  ascertained  by  a  commission  to  be  ai)pointed  the 
same  as  in  the  case  where  lands  are  taken  for  the  purposes 
of  a  railway  route  or  routes  as  herein! )ef ore  i)r()vided  in 
this  act.  All  such  removals  and  restorations  shall  be  made 
at  the  proper  cost  and  charge  of  such  corporation  as  may 


26 


have  entered  upon  the  occupancy  of  such  street  or  streets. 
Nothing  contained  in  this  act  shall  authorize  any  corpora- 
tion formed  thereunder  to  use  the  tracks  of  any  horse 
railway.  ^  J  i 

§  34.  This  act  shall  not  he  construed  to  repeal  or  in  any 
manner  affect  chapter  six  hundred  and  six  of  the  laws  of 
eighteen  hundred  and  seventy-five,  entitled  "'An  act  to 
further  provide  for  the  construction  and  operation  of  a 
steam  railway  or  railways  in  the  counties  of  this  state,''  or 
the  acts  amendatory  thereof  or  supplementary  thereto,  or 
article  five  of  chapter  five  hundred  and  sixty-five  of  the 
laws,  of  eighteen  hundred  and  ninety,  known  as  the  rail- 
road law,  except  so  far  as  the  said  acts,  or  either  of  them, 
would  if  this  act  had  not  heen  passed,  authorize  the  ap- 
pointment hereafter  of  any  commissioners  apphed  for  as 
provided  in  section  one  of  said  act  of  eighteen  hundred  and 
seventy-five,  or  in  section  one  hundred  and  twenty  of  said 
act  of  eighteen  hundred  and  ninety,  in  any  city  or  cities 
containing  a  population  of  over  one  million  inhahitants, 
according  to  the  last  proceeding  national  or  state  census  or 
authorize  any  commissioners  already  appointed  pursuant 
to  the  provisions  of  such  act  or  acts  in  any  such  city  or 
cities,  to  fix,  determine  or  locate  any  new  route  or  roules, 
pursuant  to  the  provisions  of  either  of  said  acts.  This  act 
shall  not  he  construed  in  any  manner  to  affect  the  exercise 
or  enjoyment  at  any  time,  and  from  time  to  time  hereafter, 
of  any  right  or  rights  heretofore  acquiivd,  exercised  or  en- 
joyed hy  any  corporation  heretofore  duly  incori)orated  and 
organized  or  deriving  ])()Avers  and  rights  under  the  laws  of 
this  state.  This  act  shall  not  affect  or  impair  the  exercise 
or  enjoyment  of  any  right  or  rights  now  possessed  or 
heretofore  ac(fuired  or  hen^tofore  autliorized  to  he  ac(iuired, 
exercised  or  enjoyed  hy  any  street  surface  railroad  corpora- 
tion, except  as  herein  otherwise  expressly  provided,  and 
this  act  shall  not  he  construed  to  repeal  or  in  any  manner 
affect  clui])ter  one  hundred  and  forty  of  the  laws  of  eighteen 
hundred  and  fifty,  entitled  "An  act  to  authorize  the  for- 
mation of  railroad  corporations,  and  to  regulate  the  same,'' 
or  (Mth(4"  of  the  several  acts  amendatory  thereof  or  suple- 
mentary  thereto.  Tliis  act  shall  not  he  construed  to  repeal 
or  in  any  manner  affect  chapter  five  hundred  and  sixty- 


five  of  the  laws  of  eighteen  huiKh-ed  and  ninety,  known  as 
the  railroad  law,  except  hereinabove  exi)ressly  i)r()vided,  or 
except  so  far  as  the  provisions  of  tlie  same  confHct  with 
the  provisions  of  this  act. 

§  35.  No  railroad  shall  be  constructed  or  operated  upon 
the  surface  of  any  street,  avenue  or  highway  in  the  city 
of  New  York  under  the  jn'ovisions  or  authority  of  this  act. 

§  36.  All  acts  and  parts  of  acts  local  or  general  incon- 
sistent with  this  act  are  hereby  repealed. 

§  37.    This  act  shall  take  effect  immediately. 

I         State  of  New  York,        )  _ 
Office  of  the  Secretary  of  State.  \  ' 

I  have  compared  the  preceding  with  the  original  law  on  file  in  this  office,  and 
do  hereby  certify  that  the  same  is  a  correct  transcript  therefrom  and  of  the  whole 
of  said  original  law. 

FRANK  RICE, 

Secretary  of  State. 


28 


Whereas^  On  the  23d  day  of  December,  1890,  application  was 
made  to  me,  Hugh  J.  Grant,  Mayor  of  the  City  of  New  York,  by 
George  P.  Read  and  others,  being  more  than  fifty  reputable  house- 
holders and  taxpayers  of  the  City  and  County  of  New  York,  which 
said  application  was  duly  verified  upon  oath  before  a  justice  of  the 
Supreme  Court,  by  which  it  appears  that  there  is  need  in  the  City 
and*  County  of  New  York  of  a  steam  railway  or  railways  for  the 
transportation  of  passengers,  mails  and  freight,  and  by  which  I  am 
requested  in  pursuance  of  the  provisions  of  Chapter  GOO  of  the 
Laws  of  1875,  and  the  several  acts  amendatory  thereof  to  appoint 
five  commissioners,  who  shall  be  residents  of  the  said  City  and 
County  of  New  York,  and  who  shall  have  full  power  and  authority 
to  do  and  provide  all  that  they  are  directed  to  do  and  provide  by 
the  said  Act  of  1875;  and 

Whereas^  It  is  provided  in  and  by  the  first  section  of  the  said 
Chapter  600  of  the  Laws  of  1875,  that  upon  the  presentation  of 
such  an  application  to  the  mayor  of  any  city  in  this  State  whenever 
a  proposed' railway  shall  be  wholly  within  the  limits  of  the  said  city, 
such  mayor  shall  appoint  such  commissioners. 

No7t\  therefore,  I,  the' said  Hugh  J.  Grant,  Mayor  of  the  City  c»f 
New  York,  within  thirty  days  after  the  presentation  to  me  of  the 
said  application,  do  hereby  appoint  William  Steinway,  John  H. 
Starin,  Samuel  Spencer,  Eugene  L.  Bushe  and  Frederick  P.  Olcott, 
each  of  whom  is  a  resident  of  the  City  and  County  of  New  York,  as 
commissioners  with  full  power  and  authority  to  do  and  provide  all 
that  they  are  directed  to  do  and  provide  under  the  provisions  of  the 
said  Act,  Chapter  000  of  the  Laws  of  1875,  and  the  various  acts 
amendatory  thereof. 

In  witness  whereof,  I  have  hereunto  set  my  hand  in  this  the  City 
of  New  York,  on  the  23d  day  of  December  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  ninety. 

HUGH  J.  GRANT, 

Mayor. 


State  of  New  York,  ) 
City  and  County  of  New  York,  \ 

I,  LEONARD  A.  GIEGERICH.  Clerk  of  the  said  City  and 
County,  and  Clerk  of  the  Supreme  Court  of  said  State  for  said 
County,  do  certify,  that  I  have  compared  the  preceding  with  the 
original  appointment  of  Commissioners  William  Steinway,  John  H. 
Starin,  Samuel  Spencer,  Eugene  L.  Bushe,  and  Frederick  P.  Olcott, 
by  the  Mayor  of  the  City  of  New  York,  under  Chapter  000  of  the 
Laws  of  1875  (filed  December  24,  1890),  on  file  in  my  office,  and 
that  the  same  is  a  correct  transcript  therefrom,  and  the  whole  of 
such  original. 

In  witness  whereof,  I  have  hereunto  subscribed  my  name,  and 
affixed  my  official  seal,  this  3Gth  day  of  February,  1891. 

fsEAL.l  LEONARD  A.  GIEGERICH, 

Clerk. 


29 


CITY  AND  COUNTY  OF  NEW  YORK,  ss  : 

I,  WILLIAM  STEIN  WAY,  one  of  the  Commissioners  ap- 
pointed by  the  Mayor  of  the  City  of  New  York,  under  the  pro- 
visions of  Chapter  GOG  of  the  Laws  of  1875  by  appointment  dated 
the  twenty-third  day  of  December,  1890,  do  solemnly  swear  that  I 
will  support  the  Constitution  of  the  United  States  and  the  Consti- 
tution of  the  State  of  New  York,  and  that  I  will  faithfully  discharge 
the  duties  of  the  office  of  Commissioner  aforesaid,  according  to 
the  best  of  my  ability,  and  that  I  will  faithfully  perform  the  duties 
of  mv  office. 

WILLIAM  STEINWAY. 

Sworn  to  before  me  this  29th  \ 
day  of  December,  1890.  f 

WM.  J.  DUGGET, 

Comr.  of  Deeds, 

N.  Y.  County. 


Kjiow  all  )ne?i  by  these  presents:  That  we,  William  Steinway» 
Oswald  Ottendorfer  and  the  American  Surety  Company  of  New 
York  are  held  and  firmly  bound  unto  the  People  of  the  State  of  New 
York,  in  the  penal  sum  of  twenty-five  thousand  dollars  (§25,000), 
lawful  money  of  the  United  States  of  America,  to  be  paid  unto  the 
said  People  of  the  State  of  New  York. 

For  which  payment  well  and  truly  to  be  made  and  done,  we 
bind  ourselves,  our  heirs,  executors,  administrators,  successors  and 
assigns,  jointly  and  severally  firmly  by  these  presents. 

Sealed  with  our  seals  and  dated  this  29th  day  of  December,  in 
the  year  of  our  Lord  eighteen  hundred  and  ninety. 

WJureaSy  the  above  bounden  William  Steinway  has  been  duly 
appointed  to  the  office  of  a  Commissioner  under  the  provisions  of 
Chapter  GOG  of  the  Laws  of  1875. 

Now  the  condition  of  this  obligation  is  such  that  if  the  above 
bounden  William  Steinway  shall  in  all  things  well,  truly  and  faith- 
fully perform  the  duties  that  may  be  legally  required  of  him  to  per- 
form and  do,  during  his  continuance  in  the  said  office  of  a  Commis- 
sioner, under  the  provisions  of  Chapter  GOG  of  the  Laws  of  1875, 
then  this  obligation  to  be  void  ;  otherwise  to  remain  in  full  force 
and  virtue. 

WILLIAM  STEINWAY,  [si  ai,.] 

OSWALD  OTTENDORFER,  [seal] 
AMERICAN  SURETY  COMPANY,  [seal.] 
By  HENRY  D.  LYMAN, 

Vice- President. 
'    ■  FRED.  F.  NUGENT, 

Secretary. 

Sealed  and  delivered  in  the  presence  of 

WM.  J.  DUGGETT  as  to 

OSWALD  OTTENDORFER  and  WM.  STEINWAY. 
H.  S.  HINTOX  as  to 

AM.  S.  CO. 


30 


State  of  New  York.  ) 

'  ss  ' 

City  and  County  of  New  York,  \ 

OSWALD  OTTENDORFER,  in  the  within  bond  named,  being 
duly  sworn,  doth  depose  and  say  :  That  he  is  a  resident  of  and 
freeholder  within  this  State,  and  that  he  is  worth  the  sum  of  fifty 
thousand  dollars  ($50,000),  over  and  above  all  the  debts  and  liabili- 
ties which  he  owes  or  has  incurred,  and  exclusive  of  property  ex- 
empt by  law  from  levy  and  sale  under  an  execution. 

OSWALD  OTTENDORFER. 

Sworn  to  before  me  this  29th  ) 
day  of  December,  1890,  j 

WM.  J.  DUGGETT. 

Commissioner  of  Deeds, 

N.  Y.  Co. 


State  of  New  York,  ) 

'  V  ss  ' 

City  and  County  of  New  York,  \  ^  " 

On  this  29th  day  of  December,  1890,  before  me,  a  Commissioner 
of  Deeds,  personally  appeared  the  above  named  William  Steinway 
and  Oswald  Ottendorfer,  known  to  me  to  be  the  same  persons  de- 
scribed in  and  who  executed  the  above  bond,  and  they  severally 
acknowledged  to  me  that  they  executed  the  same. 

WM.  J.  DUGGETT, 

Commissioner  of  Deeds, 

New  York  County. 


STATE  CITY  AND  COUNTY  OF  NEW  YORK,  ss.: 

On  this  30th  day  of  December,  1890,  before  me  personally  ap- 
peared Henry  D.  Lyman,  Vice-President  of  the  American  Surety 
Company,  with  whom  I  am  personally  acquainted,  who  being  by  me 
duly  sworn,  said  that  he  resided  in  New  York  Ciiy  and  that  he  is 
the  Vice-President  of  the  American  Surety  Company  of  New  York; 
that  he  knew  the  corporate  seal  of  said  Company  ;  that  the  seal 
affixed  to  the  foregoing  instrument  is  such  corporate  seal  ;  that  it 
was  affixed  by  an  order  of  the  Board  of  Directors  of  said  Company, 
and  that  he  signed  said  instrument  as  Vice-President  of  said  Com- 
pany by  like  authority,  and  that  the  liabilities  of  said  Company  do 
not  exceed  its  assets  as  ascertained  in  the  manner  provided  in  Sec- 
tion 3,  Chapter  480  of  the  Session  Laws  of  1881  ;  and  the  said 
Henry  D.  Lyman  further  said  that  he  was  accjuainted  with  Fred.  F. 
Nugent,  and  knew  him  to  be  the  Secretary  of  said  Company  that 
the  signature  of  said  Fred.  F.  Nugent,  subscribed  to  the  said 
instrument  is  in  the  genuine  handwriting  of  the  said  Fred.  F. 
Nugent,  and  was  thereto  subscribed  by  the  like  order  of  the  said 
Board  of  Directors,  and  in  the  presence  of  him,  the  said  Henry  B. 
Lyman,  Vice-President. 

11.  G.  HINTON, 
Notary  Public, 
Kings  County,  N.  Y. 

Certificate  filed  in  New  York  Co. 


•31 


At  a  meeting  of  the  Board  of  Directors  of  the  American  Surety 
Company,  held  at  the  office  of  the  Company,  on  the  9tli  day  of 
June,  188C,  on  motion  it  was 

Ke solved,  That  in  pursuance  of  Chapter  41G,  I^aws  of  1886, 
amending  Section  811  of  the  Code  of  Civil  Procedure,  the  Presi- 
dent or  Vice-President  be  and  either  of  them  is  hereby  authorized 
and  empowered  to  sign,  execute  and  deliver  any  and  all  bonds  and 
undertakings  for  and  on  behalf  of  the  Company,  and  to  attach 
thereto  the  seal  of  the  Company,  the  same  to  be  attested  by  the 
Secretary  or  Assistant  Secretary." 

CITV  AND  COUNTY  OF  NEW  ^'ORK,ss.: 

I,  FREDERICK  F.  NUGENT,  Secretary  of  the  American 
Surety  Company,  have  compared  the  foregoing  resolution  with  the 
original  thereof,  as  recorded  in  the  Minute  Book  of  the  said  Com- 
pany, and  do  certify  that  the  same  is  a  correct  and  true  transcript 
therefrom,  and  the  whole  of  said  original  resolution. 

Given  under  my  hand,  and  seal  of  the  Company  at  the  City  of 
New  York,  this  29th  day  of  December,  1890. 

[seal.]  FRED.  F.  NUGENT, 

Secretary. 


State  of  New  York,  ) 
City  and  County  of  New  York,  j  ^^'^ 

I,  LEONARD  A.  GEIGERICH,  Clerk  of  the  said  City  and 
County,  and  Clerk  of  the  Supreme  Court  of  said  State  for  said 
County,  do  certify,  that  I  have  compared  the  preceding  with  the 
original  bond  (filed  and  recorded  January  2, 1891)  and  oath  of  office 
(filed  January  2,  1891,)  of  William  Steinway  as  a  Commissioner 
under  C^hapter  006,  Laws  of  1875,  on  file  in  my  office,  and  that  the 
same  are  correct  transcripts  therefrom,  and  the  whole  of  such 
originals. 

In  witness  whereof,  I  have  hereunto  subscribed  my  name,  and 
affixed  my  official  seal,  this  26th  day  of  February,  1891. 

[seal  ]  LEONARD  A.  GIEGERICH, 

Clerk. 

[ENDORSED.! 

William  Steinway  and  others  to  the  People  of  the.  State  of  New 
York.  Bond  of  Commissioner  under  Chapter  606  of  the 
Laws  of  1875.  '  Approved — Abm.  R.  Lawrence,  Justice 
Supreme  Court,  January  2,  1891. 


CITV  AND  COUNTY  OF  NEW  YORK,  ss.: 

I,  JOHN  H.  STARIN,  one  of  the  Commissioners  appointed  by 
the  Mayor  of  the  City  of  New  York,  under  the  provisions  of 
Chapter  606  of  the  Laws  of  1875,  by  appointment,  dated  the 
twenty-third  day   of   December,  1890,  do  solemnly  swear  that 


32 


I  will  support  the  Constitution  of  the  United  States  and  the  Con- 
stitution of  the  State  of  New  York,  and  that  I  will  faithfully  dis- 
charge the  duties  the  office  of  Commissioner  aforesaid,  according  to 
the  best  of  my  ability,  and  that  I  will  faithfully  perform  the  duties 
of  my  office. 

JOHN  H.  STARIN. 

Sworn  to  before  me  this  30th  ) 
day  of  December,  1890.  ) 
HORACE  B.  FREEMAN, 
Notary  Public, 

City  and  County  of  New  York. 


Knoiv  all  men  by  these  presents  :  That  we,  John  H.  Starin,  Sam. 
Sloan  and  Percy  R.  Pyne,  are  held  and  firmly  bound  unto  the 
People  of  the  State  of  New  York  in  the  penal  sum  of  twenty-five 
thousand  dollars,  lawful  money  of  the  United  States  of  America, 
to  be  paid  unto  the  said  People  of  the  State  of  New  York. 

For  which  payment,  well  and  truly  to  be  made  and  done,  we 
bind  ourselves,  our  heirs,  executors,  administrators  and  assigns 
jointly  aiid  severally  firmly  by  these  presents. 

Sealed  with  our  seals,  and  dated  this  30th  day  of  December,  in 
the  year  of  our  Lord  eighteen  hundred  and  ninety. 

JVhereas,  The  above  bounden,  John  H.  Starin,  has  been  duly 
appointed  to  the  office  of  a  commissioner  under  the  provisions  of 
Chapter  006  of  the  Laws  of  1875, 

Now  the  condition  of  this  obligation  is  such  that  if  the  above 
bounden  John  H.  Starin  shall  in  all  things  well,  truly  and  faithfully 
perform  the  duties  that  may  be  legally  required  of  him  to  perform 
and  do,  during  his  continuance  in  the  said  office  of  a  commissioner 
under  the  provisions  of  Chapter  600  of  the  Laws  of  1875,  then  this 
obligation  to  be  void;  otherwise  to  remain  in  full  force  and  virtue. 

JNO.  H.  STARIN, 
SAM.  SLOAN, 
PERCY  R.  PYNE. 

Sealed  and  delivered  ia  the  presence  of 
L.  R.  MILLER. 


SEAL. 
SEAL. 
SEAL. 


State  of  New  York, 

'        ^  ss. 


City  and  County  of  New  York,  \ 

SAMUEL  SLOAN,  in  the  within  bond  named,  being  duly 
sworn,  doth  depose  and  say:  That  he  is  a  resident  of  and  freeholder 
within  this  State,  and  that  he  is  worth  the  sum  of  fifty  thousand 
dollars  (§50,000),  over  and  above  all  the  debts  and  liabilities  which 
he  owes  or  has  incurred  and  exclusive  of  property  exempt  by  law 
from  levy  and  sale  under  an  execution. 

SAM.  SLOAN. 

Sworn  to  before  me  this  30th  | 
day  of  December,  1800.  S 
LUDLOW  R.  MILLER, 
Notary  I'ublic, 

Appointctl  from  Kings  County. 

Certificate  filed  in  New  York  Count  v. 


33 


State  of  New  York,  / 
City  and  County  of  New  York,  )  ^  " 

PERCY  R.  PYNE,  in  the  within  bond  named,  being  duly  sworn, 
doth  depose  and  say:  That  he  is  a  resident  of  and  freeholder  within 
this  State,  and  that  he  is  worth  the  sum  of  fifty  thousand  dollars 
($50,000),  over  and  above  all  the  debts  and  liabilities  which  he  owes 
or  has  incurred,  and  exclusive  of  property  exempt  by  law  from  levy 
and  sale  under  an  execution. 

PERCY  R.  PYNE. 

S\\T)rn  to  before  me  this  30th  ) 
day  of  December,  1890.  .  f 
LUDLOW  R.  MILLER, 
Notan-  Public,. 

Appointed  from  Kings  County. 

Certificate  filed  in  New  York  Countv. 


State  ok  New  York,  /  . 
City  and  County  of  New  York,  f  ^^'^ 

On  this  30th  day  of  December,  1890,  before  me,  a  notary  public, 
personally  appeared  the  above-named  John  H.  Starin,  Samuel 
Sloan  and  Percy  R.  Pyne,  known  to  me  to  be  the  same  persons  de- 
scri^bed  in,  and  who  executed  the  above  bond,  and  they  severally 
acknowledged  to  me  that  they  executed  the  same. 

LUDLOW  R.  MILLER, 
Notary  Public, 

Appointed  from  Kings  Co. 

Certificate  filed  in  New  York  County. 


State  of  New  York,  / 

ss  " 

City  and  County  of  New  York,  \'  "  " 

I,  LEONARD  A.  OIEGERICH,  Clerk  of  the  said  City  and 
County,  and  Clerk  of  the  Supreme  Court  of  said  State  for  said 
County,  do  certify,  that  I  have  compared  the  preceding  with  the 
original  bond  (filed  and  recorded  January  2,  1891,)  and  oath  of 
office  (filed  January  2,  1891,)  of  John  H.  Starin  as  a  Commissioner 
under  Chapter  60«i,  Laws  1875,  on  file  in  my  office,  and  that  the 
same  are  correct  transcripts  therefrom,  and  the  whole  of  such 
originals. 

///  7i'itness  whereof^  I  have  hereunto  subscribed  my  name,  and 
affixed  mv  official  seal,  this  26th  dav  of  Februarv,  1891. 

[seal.]  LEONARD  A.  OIEGERICH, 

CUrk. 

[ENDORSED.] 

John  H.  Starin  and  others  to  the  People  of  the  State  of  New  York. 
Bond  of  Commissioner  under  Chapter  G0<)  of  the  Laws  of 
18T5.  Approved — Abm.  R.  Lawrence,  Justice  Supreme 
Court,  January  2,  1891. 


34 


CITY  AND  COUNTY  OF  NEW  YORK,  ss.: 

I.  SAMUEL  SPENCER,  one  of  the  Commissioners  appointed 
by  the  Mayor  of  the  City  of  New  York,  under  tlie  provisions  of 
Chapter  OOH  of  the  Laws  of  1875,  by  appointment  dated  the  twenty- 
third  day  of  December,  1800,  do  solemnly  swear  that  I  will  support 
the  Constitution  of  the  United  States  and  the  Constitution  of  the 
State  of  New  York,  and  that  1  will  faithfully  discharge  the  duties 
of  the  office  of  Commissioner  aforesaid,  according  to  the  best  of  my 
ability,  and  that  I  will  faithfully  perform  the  duties  of  mv  office. 

SAMUEL  SPENCER. 

Sworn  to  before  me  this  81st  ) 
day  of  December,  18P0.  f 

THOMAS  E.  RUSH, 
Com'r  of  Deeds, 

N.  Y.  Citv. 


Know  all  men  by  these  presents :  That  we,  Samuel  Spencer  and 
the  United  States  Guarantee  Company  (a  corporation  organized 
under  the  Laws  of  New  York)  and  the  Guarantee  Company  of 
North  America  (a  corporation  created  by  the  Laws  of  the  Dominion 
of  Canada,  and  duly  licensed  to  transact  business  within  the  State 
of  New  York,  are  held  and  firmly  bound  unto  the  People  of  the 
State  of  New  York,  in  the  penal  sum  of  twenty-five  thousand  dol- 
lars, lawful  money  of  the  United  States  of  America,  to  be  paid 
unto  the  said  People  of  the  State  of  New  York. 

For  which  payment  well  and  truly  to  be  made  and  done,  we 
bind  ourselves,  our  heirs,  executors,  administrators,  successors  and 
assigns,  jointly  and  severally  firmly  by  these  presents. 

Sealed  with  our  seals  and  dated  this  second  day  of  January,  in 
the  year  of  our  Lord  eighteen  hundred  and  ninety-one. 

Whereas^  The  above  bounden  Samuel  Spencer  has  been  duly 
appointed  to  the  office  of  a  Commissioner  under  the  provisions  of 
Chapters  OOO  of  the  Laws  of  1875. 

Now  the  condition  of  this  obligation  is  such  that  if  the  above 
bounden,  Samuel  Spencer  shall  in  all  things  well,  truly  and  faith- 
fully perform  the  duties  that  may  be  legally  required  of  him  to 
perform  and  do,  during  his  continuance  in  the  said  office  of  a  Com- 
missioner, under  the  provisions  of  Chapter  600  of  the  Laws  of  1875, 
then  this  obligation  to  be  void  ;  otherwise  to  remain  in  full  force 
and  virtue. 

SAMUEL  SPENCER.  [skai..] 
UNITED  STATES  GUARANTEE  COMPANY, 

..LOGAN  C.  MURRAY,  (sk.m.  ] 

\st  Vice-/^rt'sii/cnt. 
DANIEL  J.  TOMPKINS. 

Sec rf  tar  v. 

THE  GUARANTEE  COMPANY  OF  NOKTH  AMERICA, 
U.  C.  MURRAY,  [seal  ] 

Dt  ire  tor. 
DAM  El.  j.  TOMPKINS, 

Sfcrctary. 

N.  N'.  Branch  Roard. 

Sealed  and  delivered  in  the  presence  of 
WALTi:k  15.  IlOkNE. 


35 


State  of  New  York  )  . .  . 
City  and  County  of  New  York,  \j  '•  ■• 

On  this  second  day  of  January,  1801,  before  me,  a  notary  pub- 
lic, personally  appeared  the  above  named  Samuel  Spencer,  known 
to  me  to  be  the  same  person  described  in,  and  who  executed  the 
above  bond,  and  acknowledged  to  me  that  he  executed  the  same. 

WALTER  B.  HORNR, 

Notary  Public, 

Kmgs  Co. 

Certificate  filed  in  New  York  Co. 

Residence,  56  Hewes  Street,  Brooklyn,  E.  D. 


State  of  New  York,  ) 
City  and  County  of  New  York,  ij  ^  •• 

Be  it  remembered  that  on  the  second  day  of  January,  in  the 
year  one  thousand  eight  hundred  and  ninety-one,  before  me,  the 
subrcriber,  a  notary  public  in  and  for  said  City  and  County  person- 
ally came  Daniel  J.  Tompkins,  known  to  me  to  be  the  Secretary  of 
the  United  States  Guarantee  Company,  the  corporation  described 
in  and  which  executed  the  annexed  instrument,  who  being  by  me 
duly  sworn  did  depose  and  say  :  that  he  resides  in  the  City  of 
Brooklyn,  in  the  State  of  New  York,  that  he  is  the  Secretary  of  the 
said  United  States  Guarantee  Company  and  knows  the  corporate 
seaLthereof  ;  that  the  seal  affixed  to  the  annexed  instrument  is  the 
corporate  seal  of  said  Company,  and  was  thereto  affixed  by  order  of 
the  Board  of  Directors  of  said  Company,  and  that  he  signed  his 
name  thereto  by  the  like  order  as  Secretary  of  said  Company. 
And  deponent  further  said  that  he  is  acquainted  with  Logan  C. 
Murray  and  knows  him  to  be  the  1st  Vice-President  of  said  Com- 
pany, and  that  the  signature  of  the  said  Logan  C.  Murray  sub- 
scribed to  the  annexed  instrument  is  in  the  genuine  handwricing  of 
the  said  Logan  C.  Murray  and  was  thereto  subscribed  by  the  like 
order  of  the  said  Board  of  Directors,  and  in  the  presence  of  said 
deponent,  and  that  the  assets  of  the  said  Company  exceed  its 
liabilities  of  all  kind  by  more  than  the  sum  of  two  hundred  and 
fifty  thousand  dollars. 

///  ivitness  whereof,  I  have  hereunto  set  my  hand  and  affixed 
my  notarial  seal  this  second  day  of  January,  in  the  year  one  thou- 
sand eight  hundred  and  ninety-one. 

[seal.]  THOS.  D.  RAMBAUT, 

Notary  Public, 

Kings  and  New  York  Counties. 


State  of  New  York,  ; 

ss  ' 

City  and  County  of  New  York,  \  " 

Be  it  remembered  that  on  this  second  day  of  January,  in  the 
year  one  thousand  eight  hundred  and  ninety-one,  before  me,  the 
subscriber,  a  notary  public  in  and  for  the  said  City  and  County, 
personally  came  Daniel  J.  Tompkins,  known  to  me  to  be  the  Secre- 
tary of  the  Branch  Board  of  Directors  at  New  York  of  the  Guaran- 
tee'Company  of  North  America,  the  corporation  described  in  and 
which  executed  the  annexed  instrument. :  who,  being  by  me  duly 


36 


sworn,  did  depose  and  say  :  that  he  resides  in  the  City  of 
Brooklyn,  in  the  State  of  New  York,  that  he  is  the  Secretary  of 
the  Branch  Board  of  Directors  at  New  York  of  the  said  Guarantee 
Company  of  North  America  and  knows  the  corporate  seal  thereof  ; 
that  the  seal  affixed  to  the  annexed  instrument  is'the  corporate  seal 
of  said  Company,  and  was  affixed  thereto  by  order  of  the  said 
Branch  Board  of  Directors  of  said  Company,  and  that  he  signed 
his  name  thereto  by  the  like  order,  as  Secretary  of  said  Branch 
Board. 

And  the  deponent  further  said  that  he  is  acquainted  with  Logan 
C.  Murray  and  knows  him  to  be  one  of  the  Directors  of  said  Branch 
Board,  and  that  the .  signature  of  the  said  Logan  C.  Murray  sub- 
scribed to  the  said  annexed  instrument  is  in  the  genuine  hand- 
writing of  said  Logan  C.  Murray,  and  was  thereto  subscribed  by  the 
like  order  of  the  said  Branch  Board  of  Directors,  and  in  the  presence 
of  said  deponent,  and  that  the  assets  of  said  Company  exceed  the 
liabilities  of  all  kinds  by  more  than  the  sum  of  five  hundred  thou- 
sand dollars. 

In  luitness  whereof^  I  have  hereunto  set  my  hand  and  affixed  my 
notarial  seal  this  second  day  of  January,  in  the  year  one  thousand 
eight  hundred  and  ninety-one. 

[seal.]  THOS.  D.  RAMBAUT, 

Notary  Public, 

Kings  and  New  York  Counties. 


State  of  New  York,  ) 
City  and  County  of  New  York,  \ 

I,  LEONARD  GIEGERICH,  Clerk  of  the  said  City  and 
County,  and  Clerk  of  the  Supreme  Court  of  said  State  for  said 
County,  do  certify,  that  I  have  compared  the  preceding  with  the 
original  bond  (filed  and  recorded  January  2d,  1891)  of  Samuel 
Spencer,  and  oath  of  office  of  same  as  Commissioner  under  Chap- 
ter 606,  Laws  1875,  on  file  in  my  office,  and  that  the  same  are  cor- 
rect transcripts  therefrom,  and  the  whole  of  such  originals. 

In  witness  w/icreof,  I  have  hereunto  subsrcribed  my  name,  and 
affixed  my  official  seal,  this  26th  day  of  February,  1S91. 

[seal.]  LEONARD  A.  GIEGERICH, 

Clerk. 

[ENDORSED.] 

Samuel  Spencer  and  others  to  the  People  of  the  State  of  New 
York.  Bond  of  Commissioner  under  Chapter  606  of  the 
Laws  of  1875.  Apjiroved  Jan'y  2,  1801 — Abm.  R.  Law- 
rence, Justice  Supreme  Court. 


CITY  AND  COUNTY  OF  NEW  YORK,  ss. : 

I,  EUGENE  L.  BUSHE,  one  of  the  Commissioners  appointed 
by  the  Mayor  of  the  City  of  New  York,  under  the  provisions  of 
Chapter  606  of  the  Laws  of  1875,  by  appointment,  dated  the 
twenty-third  day  of  December,  1800,  do  solemnly  swear  that  I  will 


37 


support  the  Constitution  of  the  United  States  and  the  Constitution 
of  the  State  of  New  York,  and  that  I  will  faithfully  discharge  the 
duties  of  the  office  of  Commissioner  aforesaid,  according  to  the 
best  of  my  ability,  and  that  I  will  faithfully  perform  the  duties  of 
my  office. 

EUGENE  L.  BUSHE. 

Sworn  to  before  me  this  29th  [ 
day  of  December,  1890.  j 

TERENCE  FARLEY, 
Com'r  of  Deeds, 

N.  V.  City. 


Kflow  all  men  by  these  presents :  That  we,  Eugene  L.  Bushe, 
Howard  W.  Coates  and  the  American  Surety  Company  of  New 
York  are  held  and  firmly  bound  unto  the  People  of  the  State  of  New 
York,  in  the  penal  sum  of  twenty-five  thousand  dollars,  lawful 
money  of  the  United  States  of  America,  to  be  paid  unto  the  said 
People  of  the  State  of  New  York. 

For  which  payment,  w^ell  and  truly  to  be  made  and  done,  we 
bind  ourselves,  our  heirs,  executors,  administrators  and  assigns, 
jointly  and  severally  firmly  by  these  presents.- 

Sealed  with  our  seals  and  dated  this  30th  day  of  December,  in 
the  year  of  our  Lord  eighteen  hundred  and  ninety. 

Whereas^  The  above  bounden  Eugene  L.  Bushe,  has  been  duly 
appointed  to  the  office  of  a  Commissioner  under  the  provisions  of 
Chapter  600  of  the  Laws  of  1875, 

Now  the  condition  of  this  obligation  is  such  that  if  the  above 
bounden  Eugene  L.  Bushe,  shall  in  all  things  well,  truly  and  faith- 
fully perform  the  duties  that  maybe  legally  required  of  him  to  per- 
form and  do,  during  his  continuance  in  the  said  office  of  a  Com- 
missioner, under  the  provisions  of  Chapter  606  of  the  Laws  of  1875, 
then  this  obligation  to  be  void;  otherwise  to  remain  in  full  force  and 
virtue. 

EUGENE  L.  BUSHE,  [seal.] 
HOWARD  W.  COATES,  |  seal.] 

AMERICAN  SURE  rY  COMPANY  OF  NEW  YORK,  [seal.] 

HENRY  D.  LYMAN, 

Vice-President. 
FRED.  F.  NUGENT, 

Secretary. 

Sealed  and  delivered  in  the  presence  of 
FRED'K  E.  FISHEL,  as  to 

EUGENE  L.  BUSHE  and  HOWARD  W.  COATES. 
H.  G.  HINTON,  as  to 

AM.  S.  CO. 


State  of  New^  York,  ) 
City  and  County  of  New  York,  f  " 

HOWARD  W.  COATES,  in  the  within  bond  named,  being  duly 
sworn,  deposes  and  says  :  That  he  is  a  resident  of  and  freeholder 
within  this  State  and  that  he  is  worth  the  sum  of  fifty  thousand 


38 


doliars  ($50,000)  over  and  above  all  the  debts  and  liabilities  which 
lie  owes  or  has  incurred,  and  exclusive  of  property  exempt  by  law 
from  levy  and  sale  under  an  execution. 

HOWARD  W.  COATES. 

Sworn  to  before  me  this  30th  ) 
day  of  December,  1890.  [ 

FRED'K  E.  FISHEL, 
[SKAL.]       Notary  Public. 

Kings  Co. 

Cert,  filed  in  N.  Y.  County. 


State  of  New  York,  ) 
City  and  County  of  New  York,  j" 

On  this  30th  day  of  December,  1890,  before  me,  a  Notary 
Public,  personally  appeared  the  above-named  Eugene  L.  Bushe  and 
Howard  W.  Coates,  known  to  me  to  be  the  same  persons  described 
in,  and  who  executed  the  above  bond,  and  they  severally  acknowl- 
edged to  me  that  they  executed  the  same. 

[seal.]  FRED'K  E.  FISHEL, 

Notary  Public, 

Kings  County. 

Cert,  filed  in  N*.  Y.  Co. 


STATE,  CITY  AND  COUNTY  OF  NSW  YORK,  ss.: 

On  this  30th  day  of  December,  1890,  before  me  personally  ap- 
peared Henry  D.  Lyman,  Vice-President  of  the  American  Surety 
Company,  with  whom  I  am  personally  acquainted,  who  being  by  me 
duly  sworn,  said:  That  he  resided  in  New  York  City,  and  that  he 
is  the  Vice-President  of  the  American  Surety  Company  of  New 
York;  that  he  knew  the  corporate  seal  of  said  Company;  that  the 
seal  affixed  to  the  foregoing  instrument  is  such  corporate  seal;  that 
it  was  affixed  by  an  order  of  the  Board  of  Directors  of  said  Com- 
pany, and  that  he  signed  said  instrument  as  Vice-President  of  said 
Company  by  like  authority,  and  that  the  liabilities  of  said  Company 
do  not  exceed  its  assets  as  ascertained  in  the  manner  provided  in 
Section  3,  Chapter  480,  of  the  Session  Laws  of  18SI,  and  the  said 
Henry  D.  Lyman  further  said  that  he  was  acquainted  with  Fred.  F. 
Nugent,  and  knew  him  to  be  the  Secretary  of  said  Company,  that 
the  signature  of  said  Fred.  F.  Nugent  subscribed  to  the  said  instru- 
ment is  in  the  genuine  handwriting  of  the  said  Fred.  F.  Nugent, 
and  was  thereto  subscribed  by  the  like  order  of  the  said  Board  of 
Directors  and  in  the  presence  of  him  the  said  Henry  B.  Lyman, 
Vice-President. 

H.  G.  HINTON, 
Notary  Public, 

Kings  County,  N.  Y, 

Certificate  filed  in  New  York  Co. 


3!» 


Si- ATE  OF  New  York,  ) 
City  and  County  of  New  York,  f  ' 

I,  LEONARD  A.  GIECIERICH,  Clerk  of  the  said  City  and 
County,  and  Clerk  of  the  Supreme .  Court  of  said  State  for  said 
County,  do  certify,  that  I  have  compared  the  preceding  with  the 
original  bond  (filed  and  recorded  January  2,  1891),  oath  of  office 
(filed  January  2,  1891,)  of  Eugene  L,  Bushe  as  a  Commissioner 
under  Chapter  GOO,  Laws  187o,  on  file  in  my  office,  and  that  the 
same  are  correct  transcripts  therefrom,  and  the  whole  of  such 
origuials. 

//I  7c>itncss  ic'hcrrof,  I  have  hereunto  subscribed  my  name,  and 
affixed  mv  official  seal,  this  2Gth  day  of  February,  1891. 

[si-a'l.]  LEONARD  A.  GIEGERICH, 

C/n-k. 

[ENDORSED.] 

Eugene  L.  Bushe  and  others  to  the  People  of  the  State  of  New 
York.  Bond  of  Commissioner  under  Chapter  GOG  of  the 
Laws  of  18T5.  Approved — Abm.  R.  Lawrence,  Justice 
Supreme  Court,  January  2,  180L 


Whereas,  On  the  23d  day  of  December,  1890,  application  was 
made  to  me,  LIugh  J.  Grant,  Mayor  of  the  City  of  New  York,  by 
George  P.  Read  and  others,  being  more  than  fifty  reputable  house- 
holders and  taxpayers  of  the  City  and  County  of  New  York,  which 
said  application  was  duly  verified  upon  oath,  before  a  justice  of  the 
Supreme  Court,  by  which  it  appears  that  there  is  need  in  the  City 
and  County  of  New  York  of  a  steam  railway  or  railways  for  the 
transportation  of  passengers,  mails  and  freight,  and  by  which  I  am 
requested,  in  pursuance  of  the  provisions  of  Chapter  GOG  of  the  Laws 
of  1875,  and  the  several  acts  amendatory  thereof  to  appoint  five 
Commissioners,  who  shall  be  residents  of  the  said  City  and  Countv 
of  New  York,  and  who  shall  have  full  power  and  authority  to  do 
and  provide  all  that  they  are  directed  to  do  and  provide  bv  the  said 
Act  of  1875  ;  and 

Whereas,  It  is  provided  in  and  by  the  first  section  of  the  said 
Chapter  GO'i  of  the  Laws  of  1875,  that  upon  the  presentation  of 
such  an  application  to  the  Mayor  of  any  city  in  this  State  whenever 
a  proposed  railway  shall  be  wholly  within  the  limits  of  the  said  city, 
such  Mayor  shall  appoint  such  Commissioners;  and 

IVhereas,  I  did,  within  thirty  days  after  the  presentation  to  me 
of  the  said  application,  appoint  William  Steinway,  John  H.  Starin, 
Samuel  Spencer,  Eugene  L.  Bushe  and  Frederick  P.  Olcott,  each  of 
whom  was  a  resident  of  the  City  and  County  of  New  York,  as  Com- 
missioners, with  full  power  and  authority  to  do  and  provide  all  that 
is  directed  to  be  done  and  provided  under  the  provisions  of  the  said 
Act,  Chapter  G(JG  of  the  Laws  of  1875  and  the  various  Acts 
amendatory  thereof  ;  and 

Whereas,  The  said  Frederick  P.  Olcott  did  resign  said  appoint- 
ment, and  did  not  qualify  in  the  manner  provided  in  said  Chapter 
GOG  of  the  Laws  of  ]875.' 

Ni77i',  therefore,  I,  said  Hugh  J.  Grant,  Mayc^r  of  the  City  of 
New  York,  pursuant  to  the  authority  conferred  upon  me  by  the 


40 


provisions  of  the  said  Act  of  1875,  do  appoint  John  H.  Inman, 
resident  of  the  City  of  New  York,  in  the  place  and  stead  of  Fred- 
erick P.  Olcott  as  Commissioner,  with  full  power  and  authority  to 
do  and  provide  all  that  Commissioners  appointed  under  said  Chapter 
G06  of  the  Laws  of  1875,  and  the  various  acts  amendatory  thereof, 
are  required  to  do  and  provide. 

wit  fie  ss  whereof,  I  have  hereunto  set  my  hand  in  this,  the 
City  of  New  York,  on  the  5th  day  of  January,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  ninety-one. 

HUGH  J.  GRANT, 

Mayor. 

CITY  AND  COUNTY  OF  NEW  YORK,  ss.: 

I,  JOHN  H.  INMAN,  one  of  the  Commissioners  heretofore  ap- 
pointed by  the  Mayor  of  the  City  of  New  York,  under  the  provisions 
of  Chapter  600  of  the  Laws  of  i875,  by  appointment,  dated  the  5th 
day  of  January,  1891,  do  solemnly  swear  that  I  will  support  the 
Constitution  of  the  United  States  and  the  Constitution  of  the  State 
of  New  York,  and  that  I  will  faithfully  discharge  the  duties  of  the 
office  of  Commissioner  aforesaid  according  to  the  best  of  my 
ability,  and  that  1  will  faithfully  perform  the  duties  of  my  office. 

JOHN  H.  INMAN. 

Sworn  to  before  me  this  5th  | 
day  of  January,  1891.  \ 
THOMAS  E.  RUSH, 

Commissioner  of  Deeds, 

N.  Y.  City. 

Know  all  men  by  these  presents:  That  we,  John  H.  Inman, 
Bernard  S.  Clark  and  Robert  W,  Inman,  are  held  and  firmly  bound 
unto  the  People  of  the  State  of  New  York  in  the  penal  sum  of 
twenty-five  thousand  dollars,  lawful  money  of  the  United  States  of 
America,  to  be  paid  unto  the  said  People  of  the  State  of  New  York. 

F'or  which  payment,  well  and  truly  to  be  made  and  done,  we 
bind  ourselves,  our  heirs,  executors,  administrators  and  assigns, 
jointly  and  severally,  firmly  by  these  presents. 

Sealed  with  our  seals  and  dated  this  fifth  day  of  January,  in  the 
year  of  our  Lord  eighteen  hundred  and  ninety-one. 

Whereas,  The  above  bounden  John  H.  INMAN,  has  been  duly 
appointed  to  the  office  of  a  Commissioner  under  the  provisions  of 
Chapter  GOG  of  the  Laws  of  1875. 

Now  the  condition  of  this  obligation  is  such  that  if  the  above 
bounden  John  H.  Inman,  shall  in  all  things  well,  truly  and  faith- 
fully perform  the  duties  that  may  be  legally  required  of  him  to  per- 
form and  do  during  his  continuance  in  the  said  office  of  a  Com- 
missioner, under  the  provisions  of  Chapter  GOG  of  the  Laws  of  1875, 
then  this  obligation  to  be  void;  otherwise  to  remain  in  full  force 
and  virtue. 

JOHN  H.  INMAN,  [seal." 
I^RRNARD  S.  CLARK,  seal." 
ROBERT  W.  INMAN.  [seal.; 
Sealed  and  delivered  in  the  presence  of 
THOMAS  E.  RUSH. 


41 


State  of  New  York,  ) 
City  and  County  of  New  York,  j 

BERNARD  S.  CLARK,  in  the  within  bond  named,  being  duly 
sworn,  dotli  depose  and  say:  That  he  is  a  resident  of  and  freeholder 
within  this  State,  and  that  he  is  worth  the  sum  of  fifty  thousand 
dollars  (§50,000),  over  and  above  all  the  debts  and  liabilities  which 
he  owes  or  has  incurred,  and  exclusive  of  property  exempt  by  law 
from  levy  and  sale  under  an  execution. 

B.  S.  CLARK. 

Sworn  to  before  me  this  5th  | 
day  of  January,  1801.  f 

THOMAS  E.  RUSH, 

Commissioner  of  Deeds, 
N.  Y.  County. 


State  of  New  York, 
City  and  County  of  New  York, 


ROBERT  W.  INMAN,  in  the  within  bond  named,  being  duly 
sworn,  doth  depose  and  say:  That  he  is  a  resident  of  and  freeholder 
within  this  State,  and  that  he  is  worth  the  sum  of  fifty  thousand 
dollars,  over  and  above  all  the  debts  and  liabilities  which  he  owes 
or  has  incurred,  and  exclusive  of  property  exempt  by  law  from  levy 
and  sale  under  an  execution. 

ROBERT  W.  INMAN. 

Sworn  to  before  me  this  oth  | 
day  of  January,  1891.  ) 

THOMAS  E.  RUSH, 

Commissioner  of  Deeds, 
N.  Y.  County. 


State  of  New  York, 
City  and  County  of  New  York 


On  this  5th  day  of  January,  1891,  before  me,  a  Commissioner  of 
Deeds,  personally  appeared  the  above-named  John  H.  Inman, 
Bernard  S.  Clark  and  Robert  \V.  Inman,  known  to  me  to  be  the 
same  persons  described  in,  and  who  executed  the  above  bond,  and 
they  severally  acknowledged  to  me  that  they  executed  the  same. 

THOMAS  E.  RUSH, 

Commissioner  of  Deeds, 

N.  Y.  County. 


State  of  New  York,  } 
City  and  County  of  New  York,  j"^^"' 

I,  LEONARD  A.  GIEGERICH,  Clerk  of  the  said  City  and 
County,  and  Clerk  of  the  Supreme  Court  of  said  State  for  said 
County,  do  certify,  that  I  have  compared  the  preceding  with  the 
original  bond  (filed  and  recorded  January  5,  1891,)  and  oath  of 


42 


office  (filed  January  5,  1891,)  of  John  H.  Inman  as  a  Commissioner 
under  Chapter  GOG,  Laws  1875,  and  appointment  (filed  January  5, 
1891,)  on  file  in  my  office,  and  that  the  same  are  correct  transcripts 
therefrom,  and  the  whole  of  such  originals. 

///  7vitncss  tuhereof,  I  have  hereunto  subscribed  my  name,  and 
affixed  my  official  seal,'  this  26th  day  of  February,  1891. 

fsEAL  1  LEONARD  A.  GIEGERICH, 

Clerk. 

[ENDORSED.] 

John  H.  Inman  and  others  to  the  People  of  the  State  of  New  York. 
Bond  of  Commissioner  under  Chapter  GOG,  Laws  of  1875. 
Approved  January  5,  1891  —  Edwd.  Patterson,  Justice 
Supreme  Court. 


CITY  AND  COUNTY  OF  NEW  YORK",  ss.: 

I,  WILLIAM  STEINWAY,  one  of  the  Commissioners  heretofore 
appointed  by  the  Mayor  of  the  City  of  New  York,  under  the  provisions 
of  Chapter  G06  of"  the  Laws  of  1«75,  and  as  such  appointee, 
being  one  of  the  Commissioners  appointed  by  the  provisions  of  an 
Act,  entitled  "  An  Act  to  provide  for  Rapid  Transit  Railways  in 
cities  of  over  one  million  .inhabitants,"  passed  January  31,  1891,  do 
solemnly  swear  that  I  will  support  the  Constitution  of  the  United 
States  and  the  Constitution  of  the  State  of  New  York,  and  that  I 
will  faithfully  perform  the  duties  of  the  office  of  Commissioner 
aforesaid. 

WILLIAM  STEINWAY. 

Sworn  to  before  me  this  9th  \ 
day  of  February,  1891.  f 

WM.  J.  1)UG(;K'J^T, 

Commissioner  of  Deeds, 
N.  Y.  Co. 


[seal.] 
Filed  February  9,  1891 


[A  Copy.] 

LEONARD  A.  GIEGERICH, 

Clerk. 


CITY  AND  COUN  TV  OF  NIAV  YORK,  ss.: 

I,  JOHN  H.  STARIN,  one  of  the  Commissioners  heretofore  ap- 
pointed by  the  Mayor  of  the  City  of  New  York,  under  the  provisions 
of  Chapter  GOG  of  the  Laws  of  1875,  and  as  such  appointee,  being 
one  of  tlie  Commissioners  appointed  bv  the  provisions  (^f  an  Act, 
entitled  "An  Act  to  provide  for  Rapid  Transit  Railways  in  cities 
of  over  one  million   inhabitants,"  iKissed  January  31,   1891,  do 


43 


solemnly  swear  that  I  will  support  the  Constitution  of  the  United 
States  and  the  Constitution  of  the  State  of  New  York,  and  that  I 
will  faithfully  perform  the  duties  of  the  office  of  Commissioner 
aforesaid. 

JNO.  H.  STARIN. 

Sworn  to  before  me  this  Gth 
day  of  February,  ]8!>1.  \ 

TERENCE  FARLEV, 

Com.  of  Deeds, 

N.  V.  Citv. 

[A  Copy.] 

[seal.]  LEONARD  A.  GIEGERICH, 

.  Filed  February  9,  1891. 


CITV  AND  COUNTY  OF  NEW  YORK,  ss. : 
t 

I,  SAMUEL  SPENCER,  one  of  the  Commissioners  appointed 
by  the  Mayor  of  the  City  of  New  York,  under  the  provisions  of 
Chapter  GOG  of  the  Laws  of  187o,  and  as  such  appointee  being  one 
of  .the  Commissioners  appointed  by  the  provisions  of  an  Act, 
entitled  "An  Act  to  provide  for  Rapid  Transit  Railways  in  cities  of 
over  one  million  inhabitants,"  passed  January  31,  1891,  do  solemnly 
swear  that  I  will  support  the  Constitution  of  the  United  States  and 
the  Constitution  of  the  State  of  New  York,  and  that  I  will  faith- 
fully perform  the  duties  of  the  office  of  Commissioner  aforesaid. 

SAMUEL  SPENCER. 

Sworn  to  before  me  this  5th) 
day  of  February,  1891.  ) 

TERENCE  FARLEY. 

Com.  of  Deeds, 

N.  v.  City. 

[A  Copy.] 

[seal.]  LEONARD  A.  GIEGERICH, 

Filed  February  9,  1891. 


CITY  AND  COUNTY  OF  NEW  YORK,  ss.: 

I,  EUGENE  E.  BUSHE,  one  of  the  Commissioners  heretofore 
appointed  by  the  Mayor  of  the  City  of  New  York,  under  the  pro- 
visions of  Chapter  GOG  of  the  Laws  of  187n,  and  as  such  appointee 
being  one  of  the  Commissioners  appointed  by  the  provisions  of  an 
Act,  entitled  "An  Act  to  provide  for  Rapid  Transit  Railways  in 
cities  of  over  one  million  inhabitants,"  passed  January  31,  1891,  do 
solemnly  swear  that  I  will  support  the  Constitution  of  the  United 


44 


States  and  the  Constitution  of  the  State  of  New  York,  and  that  I 
will  faithfully  perform  the  duties  of  the  office  of  Commissioner 
aforesaid. 

EUGENE  L.  BUSHE. 

Sworn  to  before  me  this  5th) 
day  of  February.  i 

TERENCE  FARLEY, 

Com.  of  Deeds, 

N.  Y.  City. 

[A  Copy.] 

[seal.]  LEONARD  A.  GIEGERICH, 

Clerk. 

Filed  February  1),  1891. 


CITY  AND  COUNTY  OF  NEW  YORK,  ss.: 

I,  JOHN  H.  INMAN,  one  of  the  Commissioners  heretofore 
appointed  by  the  Mayor  of  the  City  of  New  York,  under  the  pro- 
visions of  Chapter  606  of  the  Laws  of  1875,  and  as  such  appoyitee 
being  one  of  the  Commissioners  appointed  by  the  provisions  of  an 
Act,  entitled  "An  Act  to  provide  for  Rapid  Transit  Railways  in 
cities  of  over  one  million  inhabitants,"  passed  January  31,  1891,  do 
solemnly  swear  that  I  will  support  the  Constitution  of  the  United 
States  and  the  Constitution  of  the  State  of  New  York,  and  that  I  will 
faithfully  perform  the  •  duties  of  the  office  of  Commissioner 
aforesaid. 

JOHN  H.  INMAN. 

Sword  to  before  me  this  2d  | 
day  of  February,  1891.  j 

JAMES  M.  YALLES, 

Notary  Public, 

N.  Y.  Co. 

[A  Copy.] 

[seal.]  LEONARD  A.  GIEGERICH, 

Clerk. 

Filed  February  9,  1891. 


